Fiscal Note & Local Impact Statement

124 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 Phone: (614) 466-3615

Internet Web Site: http://www.lsc.state.oh.us/

BILL:

H.B. 520

DATE:

March 12, 2002

STATUS:

As Introduced

SPONSOR:

Rep. Hoops

LOCAL IMPACT STATEMENT REQUIRED:

No ó

Offsetting revenues

 


CONTENTS:

Revises the forcible entry and detainer law relative to writs of execution issued in connection with manufactured home park residential premises

 

State Fiscal Highlights

 

        No direct fiscal effect on the state.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2002

FY 2003

FUTURE YEARS

Counties and municipalities

†††† Revenues

Potential minimal gain

Potential minimal gain

Potential minimal gain

†††† Expenditures

Potential minimal increase

Potential minimal increase

Potential minimal increase

Townships

†††† Revenues

- 0 -

- 0 -

- 0 -

†††† Expenditures

Potential minimal increase

Potential minimal increase

Potential minimal increase

Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.

 

        Potential minimal gain in court revenues for counties and municipalities from filing fees for an increased number of forcible entry and detainer judgments and writs of execution.

        Potential minimal increase in local government expenditures for law enforcement, but only when a significant number of cases require additional officers to be hired to enforce writs of execution.

 


 


 

 

Detailed Fiscal Analysis

 

H.B. 520 revises the forcible entry and detainer (FE&D) law relative to writs of execution issued in connection with manufactured home park residential premises.Current law does not address the abandonment of manufactured homes, mobile homes or recreational vehicles in residential parks.†††

 

Forcible Entry and Detainer Judgment

 

††††††††††† If a tenant or estate of a manufactured home, mobile home or residential vehicle is left unoccupied for thirty days without notice to the landlord and without payment of rent on the property, a park operator can bring an action against the home or vehicle owner and seek judgment. A court filing fee of $225 (for Franklin County), which is paid to the county court, municipal court or court of common pleas, accompanies the initial request for judgment.††

If ruling in favor of the plaintiff (park operator), the judge in the FE&D action is required to permit the removal and potential sale, destruction, or transfer of ownership of the defendantís home or vehicle. If it remains on the property for three days following the eviction judgment, the plaintiff must provide to the owner a written notice to remove the home or vehicle from the park within seven days from the delivery of the notice.If it is not removed within seven days, the plaintiff may request a writ of execution for judgment.

 

Writ of Execution

 

When requesting a writ of execution, the plaintiff is required to do a public records search to identify any persons with an outstanding right, title or interest on the property and to include this information on the request for the writ of execution, giving those individuals notification of the impending action.Upon filing the request for a writ of execution, the plaintiff must pay a second filing fee of $90, which is also paid to the county court, municipal court or court of common pleas.The writ allows the home or vehicle to be removed from the premises, either by a law enforcement officer or the plaintiff.Under the current practice of property removal, the plaintiff incurs the expenses related to the removal or sale of the property.The political subdivision does not pay for any expenses related to the writ, which could include appraisal, moving, storage, padlock/locksmith, auctioneer, and/or other fees. ††H.B. 520 allows this practice to continue; the plaintiff would incur all of the expenses relating to the removal, sale, destruction or transfer of the title of the property.

 

††††††††††† If a significant number of cases were to occur within a political subdivision, the local law enforcement entity may need to hire additional employees to handle the larger caseload.The Manufactured Homes Association estimates 2500-3000 incidents of home or vehicle abandonment across the state, with a large percentage of these occurring in southern Ohio.

 


Proceeds from Sale of Property

 

††††††††††† Proceeds from the sale of the home or vehicle must be distributed in the following order:

(1)   First, to pay the costs of moving and storage outside the manufactured home park, costs of sale, and any unpaid court costs assessed against the defendant;

(2)   Second, to pay all outstanding tax liens on the home or vehicle;

(3)   Third, to pay all other outstanding security interests, liens, or encumbrances on the property;

(4)   Fourth, to pay any outstanding monetary judgment rendered in favor of the plaintiff and any costs associated with retaining the home or vehicle prior to the sale at its location on the residential premises; and

(5)   Any remaining money is distributed into the county treasury to the credit of the general fund.

 

If the value of the home or vehicle is under $3,000, the plaintiff can sell or destroy the property, or upon presentation of the writ, the clerk of courts can issue a certificate transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens and encumbrances.Any delinquent taxes due on the property are forgiven.

 

Relocation Fee

 

††††††††††† To move a manufactured or mobile home on public roads from one address within the state to another, a relocation notice must be obtained from the county auditorís office of the county in which the home is located provided that the home is subject to taxation pursuant to laws regarding manufactured and mobile home taxes.The relocation fee is $5.

 

 

LSC fiscal staff:Allison Thomas, Economist

 

HB0520IN