Section 398.10.2 - Abandoned Manufactured Homes(a) If a resident abandons a manufactured home, the manufactured home community owner or other authorized person may:(1) (i)enter the manufactured home and secure any appliances, furnishings, materials, supplies or other personal property in the manufactured home; (ii) disconnect the manufactured home from any utilities; and(iii) otherwise exercise ordinary care in relation to the manufactured home and personal property, including promptly disposing of perishable food and contacting an animal control agency or humane society to remove any abandoned pets.(2) (i) Move the manufactured home , any personal property inside the manufactured home and personal property located within the manufactured home community that is believed to belong to the resident to a storage area within the manufactured home community or to another location deemed necessary and proper without the requirement of obtaining a removal permit for the manufactured home from the local taxing authority which would otherwise be required under 53 Pa.C.S. § 8821(d) (relating to assessment of mobile homes and house trailers). Prior to moving the manufactured home and personal property, the community owner shall notify th e former manufactured home resident by mail and by posting on the manufactured home and at any other known address or by any other means by which notice may be achieved. The notice shall state that the manufactured home and personal property, if applicable, will be moved 60 days after the date of notice and shall inform the former resident of the new location of the manufactured home and personal property. (ii)The manufactured home shall continue to be subject to the lien for taxes assessed against it, but the real estate on which the manufactured home was and is located shall not be encumbered by or subject to the lien.(3) Assess removal charges and storage charges against the former manufactured home residents.(4) Dispose of the personal property or manufactured home, or both, in accordance with the procedures set forth in subsection (c). If the personal property or manufactured home is sold, the proceeds from the sale shall be distributed in the following order:(i) to pay the costs of moving, storing and selling the personal property or manufactured home;(ii)to pay all back rent due and all other amounts due to the community owner;(iii) to pay all outstanding taxes on the manufactured home; and(iv) to pay all outstanding liens on the manufactured home. Any amount still remaining from the sale after payment of the items in subparagraphs (i), (ii), (iii) and (iv) shall be paid to the resident . If the resident 's whereabouts are unknown, any amount due and payable to the resident shall be paid to the Commonwealth as required by Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."(a.1)Notwithstanding any other provision of law to the contrary, upon proper disposal of the personal property and the manufactured home, neither the purchaser nor the manufactured home community owner, nor any person acting for or on behalf of the purchaser or the manufactured home community owner, shall be liable for any outstanding taxes or liens on the home.(b) The manufactured home community owner or other authorized person acting in good faith to comply with the requirements of this section are not responsible for any loss or damage to a home, personal property inside the manufactured home or within the community, or for any fees, assessments or other charges of any kind relating to the abandoned manufactured home unless the community owner failed to provide the notice required under this section or failed to exercise due care of the home or personal property .(c) (1) The manufactured home community owner or other authorized person may dispose of the manufactured home and personal property after first giving written notice to the resident and any lienholder. The notice shall be sent by certified mail, return-receipt requested, or by receipted first- class mail, to the resident's last known address, which may be the address of the premises, and at any alternate address or addresses i f known to the owner or other authorized person, including the address of emergency contacts if provided. The notice shall also be posted in a conspicuous location in the manufactured home community.(2) The notice of removal required by subsection (a)(2)(i) and the notice of disposal required by this subsection may be combined in one notice.(d) The notice required under this section shall state the following:(1) The manufactured home and contents are considered abandoned and to avoid the sale or other disposal of the manufactured home, the manufactured home and contents must be claimed and removed from the premises in the manufactured home community or from the storage area or from the place of storage within 60 days after the date of mailing of the notice.(2)If the manufactured home and contents are not claimed and removed within the time set forth in the notice: (i) the owner or other authorized person may sell the manufactured home at public or private sale with or without additional notices; or(ii) if it is reasonably determined by the owner or other authorized person that the value of the property is so low that the cost of storage and conducting a sale would exceed the amount that would be realized from the sale of the manufactured home, the manufactured home may be destroyed or discarded.(3) (i) Within the time provided in the notice, the resident may claim the manufactured home by notifying the manufactured home community owner or other authorized person in writing that the manufactured home will be claimed and removed within the time provided in the notice or such later time as is mutually agreed to by the owner or other authorized person and the resident.(ii) If the resident fails to claim and remove the manufactured home within the time specified in the notice or such later time, the manufactured home shall be conclusively deemed abandoned and the community owner or other authorized person shall be entitled to proceed to sell or otherwise dispose of the manufactured home.(e)When a manufactured home community owner or other authorized person disposes of the manufactured home, notice of disposal shall be sent to the Department of Transportation, addressed to the Bureau of Motor Vehicles, Vehicle Registration Division, or such other office or bureau as is designated by the department.(f) (1) When a manufactured home is sold under this section, the Department of Transportation shall, upon proof of sale and purchase and regardless of anything to the contrary in 75 Pa.C.S. (relating to vehicles), issue a certificate of title to the purchaser evidencing no encumbrances. (2) If the manufactured home is not sold, but is destroyed or discarded because the value of the manufactured home was determined to be so low that the storage and sale would exceed the amount to be realized in the sale, the department shall, upon receiving notarized documentation that the manufactured home was destroyed or discarded, make an appropriate notation on its recordkeeping system that the manufactured home has been destroyed or discarded and that no certificate of title should again be issued for the manufactured home.(3) The Department of Transportation may create and use a special form for this process, but may not impose any other requirements for compliance with this provision to be fulfilled.(g) (1) When a manufactured home is moved to a storage area or another location or is disposed of as provided for by this section, and the space on which that manufactured home previously was located is vacant, the manufactured home community owner or other authorized person may lease that space to a new resident or otherwise locate another manufactured home on that space. (2) The municipality or taxing district in which the manufactured home community is located shall not prevent the occupancy of that space by another manufactured home nor shall it attach any conditions to the occupancy that are not applicable to a new resident locating in a space made vacant by circumstances other than abandonment.(h) (1) If a manufactured home is moved to a storage area or another location or is disposed of as provided for in this section, the real estate on which the manufactured home was or is located, the manufactured home community or the purchaser of the manufactured home shall not be liable for any taxes, fees, assessments or other charges imposed by the municipality or taxing district on the manufactured home.(2)Liability for any taxes assessed and imposed on the resident or liability to satisfy any lien for such taxes shall continue to be the responsibility of the resident, and shall not be assessed and imposed on the real estate on which the manufactured home was or is located, the manufactured home community or the purchaser of the manufactured home , all of which is as provided for in the act of May 22, 1933 (P.L.853, No.155, known as "The General County Assessment Law," or in 53 Pa.C.S. Ch. 88 (relating to consolidated county assessment)(3) No government entity shall refuse to issue or delay issuing any permits, licenses or other required authorities to the manufactured home community, community owner, purchaser or any new tenant or resident attempting to locate or lease a manufactured home on the property where the abandoned home was located solely because of tax liability on the abandoned home.Added by P.L. 1267 2012 No. 156, § 2, eff. 12/23/2012.