Resident-Owned Mobile Home Parks in Hawaii: Your Rights and Steps

If you rent a lot in a Hawaii mobile home park, you may wonder what happens when the park owner wants to sell or convert the park. Hawaii's laws offer a unique opportunity: residents may have the right to purchase their park and convert it to resident ownership. This guide explains what that means, your rights as a renter, and practical steps for getting started, all in plain language.

Understanding Mobile Home Park Conversions in Hawaii

In Hawaii, if the owner of a manufactured housing community (often called a mobile home park) decides to sell or change its use, state law can give residents a chance to collectively buy the park. This process is known as resident ownership conversion.

• Resident ownership means the mobile home park is owned and managed by the residents (often as a cooperative or similar entity).
• This can provide more stability, prevent sudden conversions or closures, and give residents a say in how the community is run.
• However, the conversion process involves specific legal steps and deadlines.

Key Legal Protections and Notification Requirements

According to Hawaii law, before a park owner can sell or convert the property, they must:

• Give residents at least 120 days' written notice of the intended sale or conversion.
• Notify the Hawaii State Department of Commerce and Consumer Affairs (DCCA), which oversees landlord-tenant issues (DCCA Landlord-Tenant Information).
• Provide residents or a residents’ association the opportunity to make an offer to purchase the park on terms at least as favorable as other offers.

These protections are designed to give residents a fair chance to organize and secure their homes long-term. The specific rules and definitions can be found in the Hawaii Residential Landlord-Tenant Code, Section 521-38.^[1]

How Residents Can Work Toward Park Ownership

Converting your mobile home park to resident ownership is a multi-step process, usually involving the following:

• Forming a residents' association or cooperative to represent all interested renters.
• Reviewing the notice and timelines received from the landlord.
• Working together to make a collective offer to purchase the park.
• Pursuing financing or support, such as through the Hawaii Housing Finance & Development Corporation (HHFDC) (HHFDC).

You should work closely with knowledgeable advisors, and may want to contact a tenant advocacy group or legal services program for support.

Key Official Forms for Park Conversion

• Landlord Notice of Intent to Sell or Convert (No official form number):
  If the owner decides to sell or convert the park, they must provide a written notice to residents. This notice is the trigger for your 120-day period to respond. Example: If you receive a notice on June 1st, your association has until September 29 to submit an offer.
  Learn more about notification requirements in Section 521-38 of the Hawaii Residential Landlord-Tenant Code.^[1]
• Residents' Association Registration (No standard state form):
  Residents may need to register formal association documents or articles of incorporation if forming a cooperative. For information, visit the Hawaii Business Registration Division.

Hawaii's Residential Tenancy Tribunal

Disputes about landlord-tenant matters, including those related to mobile home parks and conversions, can be addressed through the Hawaii District Court's Landlord-Tenant Division. This is the official body for residential tenancy disputes in Hawaii.

Action Steps If Your Park Is Being Sold or Converted

• Carefully review any notice you receive from the park owner.
• Contact fellow residents to discuss forming a residents' association or cooperative.
• Reach out to the Hawaii DCCA Landlord-Tenant Center for advice.
• Work to prepare and submit a formal offer to purchase if interested. This must happen within 120 days of notice.
• Consult legal or housing support services if you have questions or concerns.

These steps can help you protect your home and ensure your rights are considered if your park faces conversion or sale.

Frequently Asked Questions

1. What is resident ownership of a mobile home park in Hawaii?
   Resident ownership means the renters collectively own and manage the mobile home park, usually by forming a cooperative or association. This can provide more control and stability for residents.
2. How much notice must a landlord give before selling or converting a park?
   Hawaii law requires a minimum of 120 days’ written notice to all residents and to the DCCA before the sale or conversion begins.
3. Do residents have a right to buy the park first?
   Yes, residents or a residents' association must be given a fair chance to purchase the park on the same or better terms than other offers.
4. Where can I turn for help if I receive a sale or conversion notice?
   Start by contacting the Hawaii State DCCA Landlord-Tenant Center, legal aid, or a housing advocacy organization for free support and information.
5. What official body handles disputes about mobile home parks in Hawaii?
   Disputes are addressed by the Hawaii District Court's Landlord-Tenant Division, which oversees residential tenancy matters.

Key Takeaways for Renters

• Hawaii law gives mobile home park residents a chance to buy their park before it is sold or converted.
• Important deadlines apply — act quickly and stay organized if you receive a notice.
• Official support is available through the DCCA and Hawaii courts for tenant rights questions.

Need Help? Resources for Renters

• Hawaii DCCA Landlord-Tenant Information Center — Guidance on landlord-tenant law and tenant rights (808-586-2634).
• Hawaii Housing Finance & Development Corporation — Support for resident ownership projects and funding.
• Hawaii District Court Landlord-Tenant Division — File or respond to tenancy disputes.
• Legal Aid Society of Hawaii — Free and low-cost legal help for housing issues.

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1. Hawaii Residential Landlord-Tenant Code, Section 521-38: Sale or conversion of mobile home park; notice and right of first refusal
2. Full Hawaii Revised Statutes Chapter 521 (Residential Landlord-Tenant Code)
3. Hawaii District Court Landlord-Tenant Division

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