Effective: September 10, 2012
Latest Legislation: House Bill 487 - 129th General Assembly
(A) Subject to section 4781.37 of the Revised Code, a park operator shall not retaliate against a resident by increasing the resident's rent, decreasing services that are due to the resident, refusing to renew or threatening to refuse to renew the rental agreement with the resident, or bringing or threatening to bring an action for possession of the resident's premises because:
(1) The resident has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The resident has complained to the park operator of any violation of section 4781.38 of the Revised Code;
(3) The resident joined with other residents for the purpose of negotiating or dealing collectively with the park operator on any of the terms and conditions of a rental agreement.
(B) If a park operator acts in violation of division (A) of this section, the resident may:
(1) Use the retaliatory action of the park operator as a defense to an action by the park operator to recover possession of the premises;
(2) Recover possession of the premises;
(3) Terminate the rental agreement.
In addition, the resident may recover from the park operator any actual damages together with reasonable attorneys fees.
(C) Nothing in division (A) of this section prohibits a park operator from increasing the rent to reflect the cost of improvements installed by the park operator in or about the premises or to reflect an increase in other costs of operation of the premises.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4781 | Manufactured Homes
Section 4781.01 | Manufactured Homes Definitions.
Section 4781.011 | References to Department or Director.
Section 4781.02 | Manufactured Homes Advisory Council.
Section 4781.04 | Adoption of Rules.
Section 4781.06 | Delegation of Powers - Contracts.
Section 4781.07 | Certification of Local Authorities to Exercise Division Authority.
Section 4781.08 | Manufactured Housing Installer License.
Section 4781.09 | Suspending, Revoking, or Refusing to Renew the License.
Section 4781.10 | Programs and Requirements for Continuing Education.
Section 4781.11 | License Required for Installation.
Section 4781.12 | Injunctions.
Section 4781.121 | Investigation of Violations; Hearings; Penalties.
Section 4781.14 | Exclusivity of Authority.
Section 4781.15 | Remedies Not Exclusive.
Section 4781.16 | Display, Sale, Purchase, or Brokerage of Manufactured or Mobile Homes.
Section 4781.17 | Manufactured Housing Dealer's or Broker's Licenses.
Section 4781.18 | Cause for License Denial.
Section 4781.19 | Issuance and Replacement of Licenses.
Section 4781.20 | Confidentiality of License Applications.
Section 4781.21 | License Suspension of Revocation.
Section 4781.22 | Prohibited Actions.
Section 4781.23 | Notification Requirements.
Section 4781.24 | Manufactured or Mobile Home - Sales Contracts.
Section 4781.25 | Rules and Regulations for Manufactured Housing Brokers.
Section 4781.27 | License to Operate Park.
Section 4781.281 | Inspector Certification Fees.
Section 4781.29 | License - Refusal to Grant, Suspension, Revocation.
Section 4781.30 | Rights of Operators.
Section 4781.301 | Fees in Lieu of License and Inspection Fees.
Section 4781.31 | Submitting Development Plans to Division.
Section 4781.32 | Permit for Developing in Flood Plain.
Section 4781.33 | Notice of Flood Event Affecting Manufactured Home Park.
Section 4781.34 | Owner to Repair Home Substantially Damaged.
Section 4781.35 | Prosecuting Violations.
Section 4781.36 | Whistleblower Protection.
Section 4781.37 | Action for Possession of the Premises.
Section 4781.38 | Obligations of Park Operator.
Section 4781.39 | Obligations of Resident.
Section 4781.40 | Rental Agreement.
Section 4781.41 | Effect of Operator's Noncompliance With Rental Agreement or Statutes.
Section 4781.42 | Rent Deposits.
Section 4781.43 | Applying for Release of Rent.
Section 4781.44 | Partial Release of Rent Before Trial.
Section 4781.45 | Notification of Violation of Rules to Resident.
Section 4781.46 | Recovering Damages.
Section 4781.47 | Rental Agreement Terms.
Section 4781.48 | Unconscionability.
Section 4781.49 | Limits on Operator's Right to Recover Possession of Premises.
Section 4781.50 | Security Deposit.
Section 4781.51 | Information to Be Contained in Rental Agreement.
Section 4781.52 | Conflicting Ordinances Preempted.
Section 4781.54 | Manufactured Homes Regulatory Fund.
Section 4781.56 | Abatement or Removal of Abandoned Homes or Vehicles.
Section 4781.57 | Duty of Park Operator to Ensure Homes and Facilities Properly Maintained.