Caregivers: This law affects those of you who have residents falling under the Long Term RV Rental Law – that is, you have park models in your park or you have residents who have rental agreements longer than 180 days – you may want to change your rules now. Under this law which will go into effect September 22, 2022, a person who has a disability (a mental or physical impairment that substantially limits one major life activity, a record of such an impairment or being regarded as having such an impairment) may have one or more persons occupy the RV to provide necessary live-in health care, personal care or supportive services if the care or services are necessary to afford the resident with the disability an equal opportunity to use and enjoy the dwelling. The landlord cannot charge a fee for the caregiver.
The most important part of this new law: The persons rendering live-in health service, personal care or supportive care shall comply with the rules of the park.
So, if you do criminal background checks on all prospective residents, this should be included in the rules of the park so the caregiver(s) will also have to pass the background checks. I am saying this because we have heard tales of the resident’s son or daughter who just got out of prison, has no place to live so the resident goes to their doctor and gets something saying they need a caregiver.
We are advising all members who have RV’s that fall under this Act to add to their rules that all park residents, including caregivers, must pass a criminal background check.
Ask your attorney for the correct wording for your new rule!