Protection against harassment

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§ 1364. Protection against harassment

(a) No park owner or site owner may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to a resident, except for temporary interruptions for emergency repairs.

(b) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident's rented or leased premises, except through proper judicial process.

(c) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident's property, except through proper judicial process.

(d) Any resident who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs and reasonable attorney's fees.

(e) A court may award reasonable attorney's fees to the park owner or site owner if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.

(f) A park owner or site owner may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a resident who has not elected to become a purchasing leaseholder or who has organized or become a member of a resident's association or similar organization.

(g) If a park owner or site owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession. (Added 1993, No. 97, § 1.)


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