1(1) 2If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may:34(a) 35Refuse to enforce the lot rental agreement.
42(b) 43Refuse to enforce the rent increase or change.
51(c) 52Enforce the remainder of the lot rental agreement without the unreasonable provision.
64(d) 65Limit the application of the unreasonable provision so as to avoid any unreasonable result.
79(e) 80Award a refund or a reduction in future rent payments.
90(f) 91Award such other equitable relief as deemed necessary.
99(2) 100When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination.
159(3) 160For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable.
181(4) 182Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners.
207(5) 208In determining market rent, the court may consider rents charged by comparable mobile home parks in its competitive area. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management.
242(6) 243In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures.
