Has anyone here had any dealing with city’s not allowing trailers to be moved onto a lot if they are older then 10 years in Louisiana and won?
I’m looking at purchasing a 18 lot park that has 8 vacant lots and think I would have trouble selling new homes.
Thanks
I’ve owned parks in Louisiana but never had an issue with grandfathering there. That being said, we’ve had plenty in other states, and have had to enlist the aid of a municipal lawyer at least a dozen times to get the city to back down. But that was before the recent number of State Supreme Court victories by park owners, all of which you can Google up (look up Mississippi and Missouri for the two most recent).
The concept that you can age-restrict mobile homes has about as much hope of success for the city as blocking filling vacant lots altogether. But you may need to hire an attorney to change their attitude.
If you had to go to court, you’d ask for a summary judgement with Exhibit A being the other state Supreme Court decisions. Not a good gamble for the city, so I doubt they’d want to fight you to that level. But if they can bluff you and get you to not bring in more mobile homes voluntarily (which they view as bringing in poor people and tons of school tuition to pay) then they will tell you this type of stuff all day long.
I appreciate the help, this will be my first deal and without being able to move in afordable homes that I can personally cash flow it would kill it for me.
Have you talked to the Louisiana Manufactured Housing Association about this issue? They may have some good insight on Louisiana laws. I’d start there.
I haven’t yet, I work in the oilfield on a 14/7 schedule out in West Texas. Currently working nights. Still haven’t gotten any financials from the seller, just doing as much research as I can.
I talked to the Mayor of a different local city I know and was told that grandfathering does not transfer to a new owner should it be sold.
I’m pretty sure that’s totally wrong – grandfathering does not work like that (although I don’t know Louisiana law). You’ve got to talk to the state mobile home association on this before you do anything. Don’t go at all by what that guy said.
I talked to the Louisiana Manufactured Housing Commission. The lady I talked to said the state doesn’t have any laws but if the city voted on a ordinance that I would have to abide by it. I asked if they recommended any municipal lawyers in the area and was told no she couldn’t do that.
Kinda discouraged, I live across the street from the park. They are wanting an investor to come in wipe it out and put in a apartment complex. Might be a uphill battle.
Geez that sounds wrong from your MHA too - probably because it doesn’t happen a lot in the state, which in general is good. You should have a consult with an attorney to get some facts for your state.
Some of the cities we deal with are full of clowns and pass resolutions that do t hold up against state or federal law. Most recently a city tried to implement city ordinances to apply to the ETJ. We called them out on it and they conceded quickly and have since updated their ordinances.
This happens all the time. But you’re right cities can make it painful for you - it’s not something you should want to do for your first deal unless the return justifies the pain.
The person at the MHA sounds like they have zero knowledge of the industry. I’ve not seen this property but if you really want it, you’re going to have to enlist the aid of an actual municipal lawyer and not some goofballs.
So what is the end result of hiring a municipal lawyer? Do cities amend your property’s zoning? Or issue some sort of letter allowing new homes to be brought in?