June 8, 2026 · Local Government Committee · 5,757 words · 15 speakers · 65 segments
Good afternoon. I now call this meeting the House Local Government Committee to order, and I'd like to recognize Representative Moore to lead us in the Pledge of Allegiance.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Thank you.
Will the clerk please call the roll?
Chair King?
Here.
Vice Chair Kishman? Here.
Ranking Member Sims?
Here. Representative Abrams is excused.
Representative Brennan? Here.
Representative Creech is excused.
Representative Fowler-Arthur? Here.
Representative Kloppenstein? Here.
Representative Lawson-Rome? Here.
Representative Moore? Here.
Representative Schmidt is excused.
Representative Stevens?
Representative Thomas? Here.
Great. We do have a quorum present. We'll proceed as a full committee. I'd like to ask committee members to please refer to your iPads to review the minutes from our prior meeting. Are there any objections? Hearing none, the minutes are approved. Before moving on to the agenda, just a reminder, if you plan to take pictures or film, that you fill out the media slip on the table in front of the room. And at this time, I'm going to call forward House Bill 631 for its sixth hearing,
and I'd like to recognize Vice Chair Kishman for a motion. Chair, I motion to amend substitute House Bill 361 with AM underscore 136 underscore 2576.
The amendment's in order. Please proceed.
This amendment comes from the bill sponsor to remove all zoning-related changes from the bill, including requirements for comprehensive plans and changes to timelines.
Are there any objections to the amendment? Hearing none, the amendment is adopted to the bill. This concludes the sixth hearing for House Bill 361. I'd like to now call forward House Bill 843 for its second hearing. and call forward Sharon Montgomery to provide opponent testimony. Is Sherry with us?
Well, good afternoon.
Welcome to committee. Begin when you are ready.
Thank you. Chairwoman King, Vice Chairman Kishman, Ranking Member Sims, and members of the House Local Government Committee. I'm Sharon Montgomery, a 25-year traffic safety activist. I have a number of comments. To save time, I will basically just list them rather than incorporate them into a more traditional narrative style testimony. On camera enforcement, there is ample evidence that camera enforcement increases road safety, so any measure that might reduce their use can be assumed to also reduce road safety. There is also support for them from high-level experts. The basic advantage of these cameras is that peace officers can't be everywhere. Drivers who choose to run red lights or speed know this. They know the odds of their getting away with these dangerous and illegal behaviors are in their favor. Is that really the way that we want the odds to be stacked? Cameras don't use racial profiling and don't subject officers to the growing dangers of violence by stopped drivers. And with the decrease in crashes they provide, they improve traffic flow. Impatience with traffic congestion and crash sheen impediments are likely some of the reasons drivers speed where possible and run red lights and weave between lanes. On letting the voters make safety decisions. We're all road users, so we're all aware of the frightening increase in both speeding and red light running. I've actually been stopped at a red light and had cars go left of center to pass me to go through the red light. I've had cars illegally pass me on the right so they can drive over the speed limit. Every method available has to be used to curtail these selfish, dangerous choices by drivers. Representative Schmidt's concern about getting a ticket for going through the red light to avoid being rear-ended is a valid one. Apparently, a camera can't see a wide enough area to see what the situation was, whereas a patrol officer could. However, this is not a good enough reason to do away with the cameras. I've reduced this risk by tapping my brakes as I approach a potential situation like this. With my brake lights flashing, a driver behind me is more likely to notice that I'm going to stop. And I check my rear view mirror as I slow down, so if the driver behind me isn't slowing, I do go on through if no one in the cross street has started yet. Even if that driver doesn't notice and assumes I'm going to run the red light so they can too, I'd much rather get the camera's ticket and have to take time later to explain the situation than to be rear-ended. You're never going to make everyone happy. Many people complain about patrol cars sitting and watching. I often hear, don't they have anything better to do? But traffic enforcement isn't about making everyone happy. It's about making everyone as safe as possible. Representative Craig believes voters should have a say in whether their community will use cameras. Choosing traffic safety measures should not be a popularity contest. On speed traps, quite frankly, I don't know how one municipality gets labeled a speed trap and another doesn't. I'm not aware of any that don't lower the speed limits from the roads outside their limits to those inside their limits. If the ones who get that label haven't given sufficient warning of reduced speed ahead, then that, not the use of cameras, is the problem. When I drive to the Statehouse from my home in Gahanna near the airport, I use I-670 to 3rd Street. The speed limit is 65, then 55 with a sign warning me that it will soon be 55, then 35 with advance warning, then 25 with advance warning. If a patrol car were on 3rd Street after the limit went down to 25, but I didn't, and I got a ticket, would that make Columbus a speed trap? If there are problems with how enforcement cameras are used, fix the problems. Don't throw the baby out with the bathwater, which is what voters usually do, according to Representative Craig. Traffic safety is something everyone deserves. Thank you for hearing the perspective of someone whose life was turned upside down by traffic violence. I'm happy to answer any questions.
Thank you for your testimony. Are there any questions from members of the committee? Representative Brennan.
Thank you, Madam Chair. Thanks for being here, Mrs. Montgomery. As I was looking through your testimony, I was wondering what your interest was, so I Googled you, and I think I may have come across some sad news. Can you share with us what your interest is in this issue?
Thank you, Madam Chair. Chairman King, Representative Brennan, 25 years ago, my husband and I were coming home from his birthday dinner, and a driver using his phone was coming the other way. He did not see the car ahead of him, stopped waiting to make a left turn as we came through. So he threw that car on our path, and we could not avoid hitting it. My husband died after six weeks in ICU. I had life-threatening complications with my injuries. The driver of the other victim car is now permanently partially disabled, and the offender was charged with a short, clear distance and mailed in his check for $75. When I did not hear from the prosecutor that the crash report was updated to note that my husband died, when I did not hear from the prosecutor that the charge would at least be increased to vehicular manslaughter, I called the prosecutor's office. I was told that there was not enough information. I have since showed the crash report to other law enforcement officers and prosecutors, all of whom say there was no missing information. It was definitely vehicular manslaughter. I have no recourse. There's nothing I can do. The prosecutor had the right to do that. I don't accept the fact that $75 is enough for all of that. So I got on the bandwagon about distracted driving and sufficient penalties for accountability Psychologists tell us that an important factor in healing from psychological trauma is an official acknowledgment that a serious wrong was done, and a $75 check mailed in is not that official acknowledgment. Madam Chair, quick follow-up.
Representative, is it a question?
I was just going to say to her that I'm sorry for her loss. I believe we all are. Thank you.
Thank you for sharing your very personal story and we're sorry for your loss. Are there any questions from members of the committee? Sinan, thank you so much for being with us and sharing your thoughts on this legislation. And again, we're sorry for your loss.
Thank you.
Okay. At this time, seeing that there's no further questions, I'd like to direct the committee members to four pieces of proponent testimony and four pieces of opponent testimony on their iPads. Make sure that you read over those and take a look at them. And this will conclude the second hearing for House Bill 843. And I would like to call forward House Bill 569 for its third hearing. And we have with us Patrick Maloney of Legal Aid from Southwest and Central Ohio to provide opponent testimony. Patrick, welcome to committee. Begin when you're ready.
Chair King, Vice Chair Kishman, Reckon Member Sims, members of the House Local Government Committee. Thank you for having me. My name is Patrick Maloney. I'm an attorney with Legal Aid of Southeast and Central Ohio, and I'm based out of Columbus. I've worked in legal services since 2017, and in that time I've represented manufactured homeowners throughout western and central Ohio. Thank you for the opportunity to provide comments on HB 569 and how in its current form has potentially significantly damaged the rights of mobile homeowners throughout O'Cross Ohio. Manufactured homes provide an attainable route to homeownership for many low-income Ohioans, from working families to seniors living on a fixed income in their retirement. Much like traditional home ownership, a manufactured home is often the family's most valuable asset. However, because manufactured homeowners generally do not own the land upon which their home is placed, they face the risk traditional homeowners do not, which is eviction from their home through the expedited summary eviction proceedings. It's important to note that evictions from a manufactured home park are not always based on non-payment of rent, but rather can be the result of minor aesthetic planes by the park operator, which can include in parts complaints as small as failing to power wash the outside of a manufactured home timely there is a large procurator in Franklin County that will initiate proceedings for exactly that as written HP 569 significantly decreases protections for homeowners who have been evicted while so greatly increasing the risk of abuse by unscrupulous manufactured housing park operators. The single greatest potential for harm in this proposal is the increase in the minimum value of manufactured homes subject to post-eviction title forfeiture from homes worth less than $3,000 to homes worth less than $10,000. Especially in lower-income manufactured home parks, it's not uncommon for livable manufactured homes for transact for under $10,000. While they may have a relatively low market value, these homes can still represent most of a low-income family's net worth. Increasing the value for which a public auction is required to $10,000 risks wiping out a family's savings and denying them thousands of dollars that could go towards securing stable housing post-eviction and greatly increases the likelihood of housing instability and homelessness. Presently, the process for a manufactured home park operator to take title to a manufactured home through title forfeiture is already ripe for abuse in that it relies only on a park operator's affidavit regarding the value of a given home and upon their truthfulness in complying with search and notice requirements for other people who may have other interest in the title to that home. In most of the cases in which I've had presented homeowners, a park operator's valuation of the manufactured home goes uncontested by a county auditor. This increases the incentive for a park operator to knowingly undervalue a manufactured home below $3,000 so that they can obtain title by court order, avoiding the public auction process. A park operator can then flip that manufactured home to a new buyer for more than $3,000, essentially allowing an unscrupulous park operator to rob the value of a home from the manufactured homeowner who's been evicted. These are not hypothetical situations, but rather real scenarios in which I've represented clients. If the intention of this bill is to reduce the number of blighted homes with no market value, then the current $3,000 level for title forfeiture remains appropriate. As it relates to the public auction of a manufactured home, the proposed language of revised code 1923.14 will inevitably result in abuse. This language requires that all bidders at a public auction who intend to reside in the home upon purchase in the park first be approved for residency within the park. While on its face this seems a reasonable requirement, even if that person would otherwise qualify for residency, there is no obligation in the law for the park operator to actually approve the residency in the timely manner prescribed here which would be seven days before the public auction. In its current form, the proposed language of this bill would simply allow a park operator to obtain title to the manufactured home by denying the residency and therefore denying qualified bidders and then take the title. No auction would go through. There would be no money to go to pay off the court costs into the accounts in the park operating utility value of the home, which could include homes worth much more than $10,000. Additionally, these proposed changes create undue risk of litigation due to the changes relating to deceased manufactured homeowners where park operators already have well-settled rights to proceed in probate court, create legal confusion by changing well-established and specific terms, such as writ of execution to court order, and the proposed notice changes to Revised Code 1923.12 raise due process concerns by allowing a park operator to enforce an alleged debt against the person who is not a party to those eviction proceedings. HB 569 has the laudable goal of clarifying the process around abandoned manufactured homes, the proposed changes requiring title holder of a manufactured home be a party to any eviction proceeding, and the additional notice requirements under Revised Code 1923.04 reflect positive changes to existing law. However, when it comes to the extradited process of evictions, it is important to keep in mind that abandoned does not mean a manufactured home sitting empty in blighting neighborhoods, but rather includes homes from which families have been very recently forcibly removed and face a real possibility of having their single greatest asset seized by a manufactured home park operator with no recompense. Thank you, Chairwoman King and the other members of the House Local Government Committee for this opportunity to testify about this bill and how it may impact clients of legal aid of southeast and central Ohio and manufactured homeowners throughout Ohio. I'm happy to answer any questions the committee may have.
Thank you for being with us today and thank you for your testimony to Ranking Member Sims.
Thank you, Madam Chair. Thank you for your testimony today. So in real terms, what does the elevation and the threshold of $3,000 to $10,000 really mean?
Chairman McCain, Representative Sims, thank you for the question. In real terms, it means a lot of low-income homeowners in the post-eviction process. They will have, if it's under $3,000, it generally means the home is blighted or needs torn down. I have clients that will very frequently, post-eviction, sell their homes they've lived in for many of years for anywhere from $5,000 to $9,000. Well, that may not be the full market value of the home if they had time to sell it. That is the amount of value they can retain in the post-eviction process where they have a limited time to sell their home and recoup some of their money. Without that, it's possible that with an increase in the value threshold to $10,000, a park operator can say with more reasonable belief than anything less than $3,000 that this home is only worth $9,000, and then they can apply for a court order and just get title to that home free and clear, which would deprive that previous homeowner of up to $9,000 which they could then use to stay out of the shelter system, apply for a new apartment, put it towards the purchase of a new home and that could be the entirety of their assets outside of maybe a small amount of money they have in the bank Thank you Madam Chair Thank you Are there any other questions Representative Brennan Thank you Having lived with a single mom who lived in a mobile home at one time by someone who owned
a mobile home park that was pretty bad, this is very much interest to me. Thank you for coming in and testifying. I appreciate your perspective. Would this create a perverse incentive to engineer a failed auction in order to acquire a home, do you think?
Chairwoman King, Representative Brennan. I think it will necessarily lead to that. Various counties have different times for which their public auction has to be posted. In some counties it might be as short as three weeks. The way the proposed bill is currently written, a proposed bidder who would want to buy the home and then presumably move into the manufactured home park, would have a couple of weeks to identify the home, figure out they wanted to potentially purchase it, make sure they had the secured funds for it. Then they would have to apply to the manufactured home park for residency, a process that can take any amount of time depending on that park operator. And there's nothing in the bill actually requiring that park operator to approve the home. So if, or approve the person who would prefer to have residency, which means that person, as the law is written, would be excluded from even bidding on the home. This doesn't even just include homes worth about $10,000. We could be talking about homes worth $50,000, $60,000, $70,000, where a bidder might want to come in and bid a large amount of money on this home, which, if they are successful, would then go to pay court costs, auction costs. As the law is written, it would go to pay back lot rent, and then it would go to unclaimed funds where the former order could go claim them, which could leave tens of thousands of dollars. But the way it's written now, a park owner could simply just not approve you for residency. And then they could decline all qualified bidders that would want to come in, and then they would get a free asset worth tens of thousands of dollars, which they could flip to a new buyer that may be even the same person. But then that money would not go to the former homeowner. It would just be a windfall for the park operator.
Follow-up question? Proceed. Thank you. What happens to a family that loses both its housing and the equity that it's built up in these homes?
Thank you. Chairman King, Representative Brennan. Any number of things. The most common question I get from my clients is, where am I going to go now? And often the answer is to a homeless shelter. They may have to try to move in with family if they have some around. As with any eviction, that is a risk of displacement. but when you were a homeowner, you had equity, you had value in the home. Even if you didn't have a lot of savings, you could have sold that and retained some of that. But if that is just taken by court order, you're wiped out, which is an even greater risk than a typical low-income person in, say, an apartment building, getting evicted, didn't have anyone in their savings account. So it could be devastating. It could wipe out life savings. Thank you.
Thank you, Madam Chair. Thank you. Representative Thomas.
I'm sorry, I'm just trying to figure this all out. So if I purchase a manufactured home, have it delivered to a site, I own the home. I said I paid $10,000 for the manufactured home. Now it's on the site. And all of a sudden I fall into some type of difficulty where the owner wants to evict me. What's to stop me from having my home picked up and taken with me when I go?
Representative King, Representative Thomas, that's a great question. And the answer is it costs a lot of money to move these homes. Even if you can find someone to move the home for the amount of money you might have on hand, movers have to be bonded and insured. And a lot of them won't even move homes more than 20 years old. So if you could have easily lived in a manufactured home park in a home that you might have inherited from your family for 30 years, and then something happens where you face eviction, which could be as simple as the skirting around the side of your home was damaged and you didn't replace it in time to stop an eviction, so you didn't replace the skirting in time, you get a valid eviction judgment against you, and you want to go pick up and move your home, and there's not a mover in the state of Ohio that'll move your home over 25 years old because the risk of falling apart on their trailers too high. Okay, thank you.
Follow-up? Are there any other questions? Just really quick. Ranking Member Sims?
Thank you, thank you. This may be too broad of a question, maybe not. So with the bill, what are your biggest concerns around the bill or simply is it that we just need more time? If you could...
Chairman King, Mr. Sims, thank you very much. I've highlighted the two biggest concerns that I have today, which is the increase of the threshold of value to $10,000 and the way that a park operator could manufacture an auction afterwards, post-eviction judgment, to get a manufactured home of any amount of value, free and clear, by paying no money, and then the previous homeowner losing all the equity in their home. The issues that we generally run into around here, which is another big concern of ours, is the affidavit that a park operator submits to the court post-eviction, saying that I reasonably believe the value of this home to be X amount of dollars. I've done a diligent search showing for anyone who has a right title or interest in it. I've come up with none, and if I have, I've given them that notice. That is where the abuse often comes into this situation. And one of the larger concerns we have, I would direct your attention to lines 787 to 788, where it says that a plaintiff park operator can ask the clerk of courts for details on the title to the home. I think that could risk being interpreted as being sufficient evidence of complying with your search and notice requirements, when it absolutely should not be. The only information that a clerk of courts might have on the title is who has the title and who currently have the title. it would not necessarily comply with the remainder of the statute as previously and would be written in this new bill to say, conduct a diligent search of relevant public records to find anyone who may have a right title or interest to the home. That is an issue that often comes up in litigation around our clients as well. Follow-up?
Thank you, Madam Chair. So this leads you to another question.
because the management officer of the park can determine who can live there. So if the house, we find it next to Ken, it's a daughter, it's mom's house, can they keep that person from living there?
Yes. They can stop you from moving into the home.
Okay. Thank you, Madam Chair.
Thank you very much. Seeing no further questions, thank you for your testimony. Thank you, everyone. And at this time, I would like to call forward Zach Eccles with Ohio Poverty Law Center to provide opponent testimony. Zach, welcome to committee. Begin when you're ready.
Good afternoon. Chair King, Vice Chair Kishman, Ranking Member Sims, and members of the House Local Government Committee, thank you for the opportunity to provide testimony in opposition to House Bill 569. My name is Zach Eccles. I'm an attorney with the Ohio Poverty Law Center. Our mission is to reduce poverty and increase justice by protecting and expanding the legal rights of Ohioans living, working, and raising their families in poverty. Manufactured housing is an incredibly important piece of the affordable housing landscape here in Ohio. It provides an opportunity for low-income Ohioans to secure safe, affordable housing that can be passed on from one generation to the next. Because manufactured homeowners often do not own the land that the home sits on, they can become homeowners at a much lower cost than if they were to purchase a traditional single-family home. Unfortunately, there are also significant risks with this arrangement. A manufactured homeowner residing in a manufactured home park is subject to park rules enforced by the park operator and pays monthly rent for the lot that the home sits on. Park operators are required by the revised code to offer a homeowner a one-year lease agreement, but there are no limitations on rent increases when one lease agreement expires and the homeowner is offered a new lease agreement As housing prices and rents have increased in Ohio generally over recent years so too have lot rents In 2019, the Twin Lakes Manufactured Housing Community, which is a retirement community in Loring County, it's 55 and up, was purchased by an out-of-state property management company. Residents there have not seen any improvements in the park amenities or operations, but since 2021, their lot rents have more than doubled to $850 per year. I was at a community event with some of these residents last month, and they said that they expect their lot rents to increase to $1,100 in their next lease agreement. This puts the manufactured homeowners in this retirement community in a really impossible situation. Many of them are on fixed incomes and purchase their homes expecting it to be their last. When they can no longer afford the lot rent, they have very few options available. They could try to move the home, but older homes are often not structurally sound enough to be moved, and those that are structurally sound that can be moved, the cost to move one often reaches $10,000 or even more. They could try to sell their homes, but as the lot rents continue to increase, it becomes more and more difficult to find potential buyers. The homeowners who cannot keep up with the lot rent increases or find a way out will likely face eviction. And this is an extremely difficult situation without an easy solution. I don't think that we'll find a solution to not being able to afford rent today, but I think it's really important context for how some of the changes in House Bill 569 will put these residents into an even more perilous situation. House Bill 569 would greatly increase the leverage a park operator has to take title from one of these homeowners following an eviction. First, increasing the threshold value at which a public auction is required from $3,000 to $10,000 would unnecessarily expand the number of homes possibly subject to title forfeiture following an eviction. Current law already creates a conflict of interest where the park operator is the primary party determining whether the value of the home requires a public auction or if the title can be forfeited by court order to the park operator. Increasing the threshold value would exacerbate that conflict of interest. There are manufactured homes across the state worth less than $10,000 that still provide a retiree or a low-income family with safe, affordable housing. If the goal of House Bill 569 is to clear blight and truly vacant homes, the $3,000 threshold is sufficient. Even in cases where a public auction is required, there is additional proposed language in House Bill 569 that would provide park operators with even more leverage to force a no sale and take title by forfeiture. The bill requires all bidders who intend to reside in the park to be pre-approved for residency at least seven days before the sale. So unless there is a bidder who intends to purchase the home and then move the home out of the park, the park operator could deny all potential bidders, force a no sale, and take title by court order. This proposal creates another critical conflict of interest. Under current law, park operators can deny residency to prospective purchasers after they have already purchased the home. But this is a different calculation because the person already has title to the home. They're presumably prepared to move in and pay rent. And in order to deny them, the park operator would have to initiate a new legal proceeding against the purchaser. House bill fixed. Oops, sorry. So if a resident of Twin Lakes were evicted and their home was to be sold at auction, House Bill 569 would allow the park operator to deny potential buyers in an already difficult market and prevent the resident from recouping the maximum value out of the home. This legislation is dangerous for low-income Ohioans who own their home in a manufactured home park and are struggling to keep up with rising costs. It creates additional opportunities and expedites the process for a park operator to take title of the single most important asset a low-income family may have. Thank you for your time and opportunity to provide testimony. I'd be happy to answer any questions.
Thank you for your testimony and for being with us today. Are there any questions from members of the committee? Representative Brennan?
Thanks again, Madam Chair. Thanks, Mr. Eccles, for being here as well and for your perspective. Again, I remember when we first moved into what was called our mobile home, I realized very quickly, even as a little boy, it's not mobile. and as we heard, it's about $10,000 to move them, which is obviously way out of the realm for many folks that live in them. So I'm thinking about your traditional site-built home. Do you think Ohioans would accept the ability of a third party to, without an auction, take someone's home away? in the way that this bill would allow it to happen to a mobile home or manufactured home? Without a competitive sale and without ensuring that the individual receives the equity that they invested?
Through the chair to the representative, no, absolutely not. I mean, if we think about, oh, my gosh, missing the phrase for when the government comes in, eminent domain. I mean, that is the third rail issue for many Americans. This is a private party doing it, so it's a little bit different. But no, I don't think many Ohioans would accept that. And I don't want to vilify, I'm not here to vilify park operators, mobile home parks. A lot of my former clients resided in manufactured home parks. Just like any business, there are good actors and bad actors. the difficulty with House Bill 569 is that it provides a lot of room for the bad actors to take advantage of homeowners.
Good point. Thank you, Madam Chair.
A follow-up? Are there any questions?
Ranking Member Sims. Thank you, Madam Chair. Thank you for your testimony today. I guess the same question to you regarding what is the biggest challenges that you have with the bill as it currently stands, or it's simply that you may need a lot more time.
Yeah, so through the chair to the representative, the primary issues that we see with the bill are the increasing of the threshold and then the ability to deny prospective purchasers. But we'll say there are several other issues that we also have. It changes writ of execution to court order in a bunch of different places in the statute. And in the eviction process, you know, there are different kinds of writs that have specific meaning. And just changing it to court order, I think, creates confusion in the statute. There is also language that would, after, so evictions are set up in two causes. First cause determines who is entitled to possession of the property. Second cause is usually scheduled for a hearing like a couple weeks after that, after the resident has moved out. That's to determine who owes who, how much money. There's language in this bill that I think would allow a park operator to determine how to get the first cause eviction, get possession of the home, and then third parties who have interest in the home, any creditors or any other person that has an interest in the title, would have to pay the park operator all of the back rent and storage fees within 21 days, or they lose their interest in the title to the home. and the value there is not being determined by a court. It's the park operator because the park operator hasn't had to go to the second cause hearing yet. I would suggest more time working on the legislation. There are some good things in here too, but we would very much support more time working on this.
Follow up? No, thank you, Madam Chair.
We won't see no further questions. Thank you very much for being with us today and thank you for providing testimony.
Thank you.
This will conclude the third hearing for House Bill 569. And seeing no further business before the committee, the House Local Government Committee stands adjourned.