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Concerns aired over trailer park safety
Thelma Grimes/San Pedro Valley News-Sun
After taking a tour of Benson last week, officials of the Arizona Association of Manufactured Homes & R.V. Owners said they are concerned about safety issues and whether or not tenants' rights are being violated.
Ruben Montalvo, the District 4 Director of AAMHO, said they don't come to an area unless they are invited, and they received that invitation from Benson resident Niles Hansen. Hansen has been in a court battle with former City Councilwoman Dianne Tipton for the last year. Tipton was awarded judgment.
Tipton, who was recently recalled, is the manager of two manufactured home parks in the city.
Hansen has always maintained that his rights, as per Arizona Revised Statutes Title 33, Chapter 11, the Mobile Home Parks Residential Landlord and Tenant Act, have been violated.
Montalvo said after being invited to look into the matter, he and partner Constance O'Brien toured all the manufactured home parks in town, and are now very concerned with their findings.
"There are procedures and codes that must be followed in these parks," Montalvo said. "As per the Arizona Revised Statutes, if there are four or more mobile homes in the park, it is not an R.V. Park. The owners can call it whatever they want, but they are not R.V. parks and they fall under the landlord tenant acts."
Montalvo said from code violations with electric and water lines to old sewer lines, there are plenty of problems in Benson, and many tenants don't even know that there are laws set up to help them.
Montalvo was particularly concerned with the power lines being located near water lines, noting that he has served in cases where mobile home residents have been electrocuted because of the unsafe situations.
The two have since met with Interim City Manager Glenn Nichols to discuss how to move forward. The two also met with Fire Chief Keith Spangler to discuss how to address the issues.
"There is a real need in Benson to raise public awareness, and let tenants know there is help out there," Montalvo said. "Even residents on a fixed income need to know that legal aid is available."
Besides requiring park owners to adhere to state law on safety and code restrictions, O'Brien said there is concern over whether or not park residents are being treated fairly once they bring these concerns up to park managers and owners.
"Some of these residents face the threat of eviction any time there is a disagreement," Montalvo said. "What they need to know is that is called retaliatory action, and they are protected under state law."
With every rental or lease agreement, Montalvo said, the property owner has a responsibility to supply residents with a copy of the landlord and tenant act. However, many of them do not.
While they are just starting to address the issues facing the Benson community, Montalvo said the first order of business is getting to residents and letting them know there is help available.
O'Brien and Montalvo plan to have a booth at the Butterfield Stage Days celebration on Oct. 11, and will also be hosting some educational events at the Benson Senior Center on Union Street.
In the meantime, manufactured home owners with questions can call Montalvo at 520-490-7111.
After taking a tour of Benson last week, officials of the Arizona Association of Manufactured Homes & R.V. Owners said they are concerned about safety issues and whether or not tenants' rights are being violated.
Ruben Montalvo, the District 4 Director of AAMHO, said they don't come to an area unless they are invited, and they received that invitation from Benson resident Niles Hansen. Hansen has been in a court battle with former City Councilwoman Dianne Tipton for the last year. Tipton was awarded judgment.
Tipton, who was recently recalled, is the manager of two manufactured home parks in the city.
Hansen has always maintained that his rights, as per Arizona Revised Statutes Title 33, Chapter 11, the Mobile Home Parks Residential Landlord and Tenant Act, have been violated.
Montalvo said after being invited to look into the matter, he and partner Constance O'Brien toured all the manufactured home parks in town, and are now very concerned with their findings.
"There are procedures and codes that must be followed in these parks," Montalvo said. "As per the Arizona Revised Statutes, if there are four or more mobile homes in the park, it is not an R.V. Park. The owners can call it whatever they want, but they are not R.V. parks and they fall under the landlord tenant acts."
Montalvo said from code violations with electric and water lines to old sewer lines, there are plenty of problems in Benson, and many tenants don't even know that there are laws set up to help them.
Montalvo was particularly concerned with the power lines being located near water lines, noting that he has served in cases where mobile home residents have been electrocuted because of the unsafe situations.
The two have since met with Interim City Manager Glenn Nichols to discuss how to move forward. The two also met with Fire Chief Keith Spangler to discuss how to address the issues.
"There is a real need in Benson to raise public awareness, and let tenants know there is help out there," Montalvo said. "Even residents on a fixed income need to know that legal aid is available."
Besides requiring park owners to adhere to state law on safety and code restrictions, O'Brien said there is concern over whether or not park residents are being treated fairly once they bring these concerns up to park managers and owners.
"Some of these residents face the threat of eviction any time there is a disagreement," Montalvo said. "What they need to know is that is called retaliatory action, and they are protected under state law."
With every rental or lease agreement, Montalvo said, the property owner has a responsibility to supply residents with a copy of the landlord and tenant act. However, many of them do not.
While they are just starting to address the issues facing the Benson community, Montalvo said the first order of business is getting to residents and letting them know there is help available.
O'Brien and Montalvo plan to have a booth at the Butterfield Stage Days celebration on Oct. 11, and will also be hosting some educational events at the Benson Senior Center on Union Street.
In the meantime, manufactured home owners with questions can call Montalvo at 520-490-7111.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Get your facts straight wrote on Oct 1, 2008 3:20 PM:
" Mobile home installation inspections are done by the state not the city of Benson. Quite often the elect line is buried in the same ditch as a water line and are approved by the state. all necessary precautions are taken and are not dangerous. Main sewer lines are placed and maintained by the utility which in this case is the City of Benson. Sewer lines running from the homes to the main line are the responsibility of the home owner and inspected by the State when the home is moved in and not the city. Some parks in Benson are very old and they are NOT required to meet the current codes as they are grandfathered in. Health and safety issues are governed by honest complaints and no inspector has the right to tresspass on private property without first receiving a specific complaint by a tenant.
Benson better watch out. They will start with the Parks and then they will move to your homes. Many of you have older homes and everything operates just fine, but if some in Benson have their way they will be coming in and inspecting your homes and making you by permits and pass inspections and upgrade you right out of your home. This is clear abuse of power. Everyone better fight this one.
This looks like retaliation by Mr. Hansen to me. You said you were moving from Benson, please hurry and don't let the door hit you on your way out. "
Benson better watch out. They will start with the Parks and then they will move to your homes. Many of you have older homes and everything operates just fine, but if some in Benson have their way they will be coming in and inspecting your homes and making you by permits and pass inspections and upgrade you right out of your home. This is clear abuse of power. Everyone better fight this one.
This looks like retaliation by Mr. Hansen to me. You said you were moving from Benson, please hurry and don't let the door hit you on your way out. "
Idiot wrote on Oct 1, 2008 3:30 PM:
" Can't this Montalvo guy read? Don't try to apply new and state statutes to existing parks. Don't just spot off what you think is the case, prove what you are saying and be specific about what cases you have been involved and and what part you played in that involvement.
I know about this guy and his group. If you want good information about Manufactured Parks then go to the MHCA you can phone them at 480-345-4202. They have the knowledge to discuss these issues with anyone and are well respected with many state agencies. This guy is pretending to know much about things he really knows nothing about.
There is an attorney in this town that thinks sewage can run out of a shower head and actually put that into a letter. This guy is right in there with him. "
I know about this guy and his group. If you want good information about Manufactured Parks then go to the MHCA you can phone them at 480-345-4202. They have the knowledge to discuss these issues with anyone and are well respected with many state agencies. This guy is pretending to know much about things he really knows nothing about.
There is an attorney in this town that thinks sewage can run out of a shower head and actually put that into a letter. This guy is right in there with him. "
try the truth for once wrote on Oct 1, 2008 3:43 PM:
" Thelma,
It appears that you just can't stop going after Mrs. Tipton. What is your problem? This artical is written in such a way that you try to make it appear that all of these so called violations are in the parks that she manages. I live in one of the parks and know the other one well. They are clean, safe and well maintained parks. Well managed too.
Your alliance with Mr. Hansen is noted. He tried to play the retaliation card with the courts and he lost big time. Since I know that you have a copy of all of the court proceedings, why didn't you report that. It is and always has been Mr. Hansen that is retaliating supported by Haupt and the News Sun.
You are a poor reporter. "
It appears that you just can't stop going after Mrs. Tipton. What is your problem? This artical is written in such a way that you try to make it appear that all of these so called violations are in the parks that she manages. I live in one of the parks and know the other one well. They are clean, safe and well maintained parks. Well managed too.
Your alliance with Mr. Hansen is noted. He tried to play the retaliation card with the courts and he lost big time. Since I know that you have a copy of all of the court proceedings, why didn't you report that. It is and always has been Mr. Hansen that is retaliating supported by Haupt and the News Sun.
You are a poor reporter. "
Mary Ann Godfrey wrote on Oct 2, 2008 6:56 PM:
" I have been following your stories because I was looking for a small town to retire in. Thank you for all the good information. I think I will continue looking. From the sounds of things, Benson is a one woman town with a kangarro court. If you make comments, be bold enough to state your name or are you afraid of retaliation. I would prefer to live in a safe place that passed current inspection rules for my own saftey. It makes good sense to me. "
AAMHO Member wrote on Oct 5, 2008 4:50 PM:
" Who's who at the zoo comment regarding the Association of Arizona Manufactured Home Owners is completely off base and bias. I have seen 80 year old women subjected to threats of eviction and eviction itself because the landowner wanted the property for personal gain. AAMHO has stopped rent increases in violation of leases, made the landlord clean up their parks and maintain the common premises in good working order. Do you think for a minute one person can defend themselves against unscupulous managers and landowners if they had not been members of a large organization to help them. The Landlord/Tenant Act was passed with the co-operation of the Park Owners and representatives of tenants. Both saw a need for this law. This law protects a tennat's right to maintain his/her life style without fear of reprisals. Before you all shoot your mouth off you should take a moment and look into the reason for this Act. A member and a volunteer who gets paid for nothing but satisfaction of helping my fellow AAMHO member. "
Rebutil wrote on Oct 6, 2008 1:10 PM:
" My comments were not about the need for the Land Lord Tenant Act. They were about this particular person.
He has done more to hurt individual homeowners than any one concerning MHC. He has lost every fight he has started because he does not know the law.
Example;
He has no authority to inspect any park and is in fact tress passing when he does. He admitted he did.
He made a statement that when an RV park has 4 or more mobile homes in it it is no longer an RV park. Wrong again. That doesn't matter. The zoning matters and grandfather act matters.
The MHCA is a wonderful representative of Folks needing help and does a great job to straighten out MHC owners.
What people don't need are people like Montalvo just trying to cause problems.
I can tell you that he did not contact any park owners or their management to ask permission to come onto private property and do any kind of an inspection for which he has no authority anyway.
Being invited by someone who does not live in a park to inspect it s illegal tress pass. A home owner within the park can invite any one they wish to their home but have no authority to conduct any kind of an inspection or give permission to anyone else to inspect the entire park.They can inspect the individual home that the resident lives in with their permission . That is all. This is the kind of behavior that causes trouble for everyone especially the home owner.
The Land Lord Tenant act protects the Land Lords from illegal behavior as much as it protects the tenant. Both have a right to protection. Both have rights within the act.
None of the issues he claims to have found violate any laws. He didn't name the parks and the violations of the particular parks. Why not? Maybe because he knows better than to lie. Instead he just insinuated.
Get to know the law as I have and then you can speak with authority. This Mr. Montalvo is poison for any MHC community
Ask Mr. Montalvo who Attorney Neil Hanney is and how many hearings or court proceedings he has faced with him and how many he won.
The answer to how many he won is ZERO. The man hasn't got a clue and is bad news for the AAMHO and it's members. The AAMHO should get rid of him fast. He is a law suit waiting to happen.
Who's Who "
He has done more to hurt individual homeowners than any one concerning MHC. He has lost every fight he has started because he does not know the law.
Example;
He has no authority to inspect any park and is in fact tress passing when he does. He admitted he did.
He made a statement that when an RV park has 4 or more mobile homes in it it is no longer an RV park. Wrong again. That doesn't matter. The zoning matters and grandfather act matters.
The MHCA is a wonderful representative of Folks needing help and does a great job to straighten out MHC owners.
What people don't need are people like Montalvo just trying to cause problems.
I can tell you that he did not contact any park owners or their management to ask permission to come onto private property and do any kind of an inspection for which he has no authority anyway.
Being invited by someone who does not live in a park to inspect it s illegal tress pass. A home owner within the park can invite any one they wish to their home but have no authority to conduct any kind of an inspection or give permission to anyone else to inspect the entire park.They can inspect the individual home that the resident lives in with their permission . That is all. This is the kind of behavior that causes trouble for everyone especially the home owner.
The Land Lord Tenant act protects the Land Lords from illegal behavior as much as it protects the tenant. Both have a right to protection. Both have rights within the act.
None of the issues he claims to have found violate any laws. He didn't name the parks and the violations of the particular parks. Why not? Maybe because he knows better than to lie. Instead he just insinuated.
Get to know the law as I have and then you can speak with authority. This Mr. Montalvo is poison for any MHC community
Ask Mr. Montalvo who Attorney Neil Hanney is and how many hearings or court proceedings he has faced with him and how many he won.
The answer to how many he won is ZERO. The man hasn't got a clue and is bad news for the AAMHO and it's members. The AAMHO should get rid of him fast. He is a law suit waiting to happen.
Who's Who "
Ralph wrote on Oct 7, 2008 2:54 PM:
" Close all trailer parks within the Benson city limits. Move ALL trailers out of town, single and double wide. Put them all behind a wall where they can't be seen somewhere hidden in the county. Don't matter if they are called mobol home or if they set on a foundation. Get rid of them. Also close all RV parks. Make Thelma Grimes, President of trailer rules "
Chris wrote on Oct 9, 2008 6:38 PM:
" I'm glad I read this posting. I was thinking about buying a park model around Benson and spending my winters there. Now I think I'll do like Mary Ann Godfrey and look else where to live. "
Lorrie wrote on Oct 12, 2008 6:34 AM:
" I thinks it's about time that someone disclosed the "atrocities" of the trailer park life in Benson.
Several members of my family have lived in all of the parks in Benson at one time or another over the past 20 years. As a personal witness, I can say that most of them are awful.
There's no such thing as tenant rights in any of them. You pay what they want, do what they want, paint your trailer the color they want, own the number of vehicles they state is enough, haul your trash four or more lots to the dumpsters (as there is usually only one dumpster for the entire park), drive the obstacle course they call a road (huge potholes everywhere), own the correct amount of animals, have no more than the correct number of visitors at any one time (unless they want to park a block away), and NEVER complain about anything. If you ever do speak up for yourself, either your rent is raised or you're evicted. Often times, your trailer is suddenly not "up to standards" and you're forced to move it.
As for the comment from "Ralph", you make me want to RALPH! By that, I mean PUKE!
How dare you insinuate that the people that live in these parks are less than human! People like you should be forced out of town, to live behind a fence in a ditch and never be seen. I don't know who you are, but based on your ignorant attitude I will assume you are kin to or friends with the Tiptons of the area. And yes, Ms. Tipton's parks are included in the above mentioned.
Thankfully I don't have to live in your predjudiced community, but my family does. It is for them that I hope that people will listen to the truth about these parks and get their owners in check. In my neck of the woods, we call them Slum Lords. They are after the almighty dollar and the tenants can be damned!
I'm just disgusted with the whole lot of you! "
Several members of my family have lived in all of the parks in Benson at one time or another over the past 20 years. As a personal witness, I can say that most of them are awful.
There's no such thing as tenant rights in any of them. You pay what they want, do what they want, paint your trailer the color they want, own the number of vehicles they state is enough, haul your trash four or more lots to the dumpsters (as there is usually only one dumpster for the entire park), drive the obstacle course they call a road (huge potholes everywhere), own the correct amount of animals, have no more than the correct number of visitors at any one time (unless they want to park a block away), and NEVER complain about anything. If you ever do speak up for yourself, either your rent is raised or you're evicted. Often times, your trailer is suddenly not "up to standards" and you're forced to move it.
As for the comment from "Ralph", you make me want to RALPH! By that, I mean PUKE!
How dare you insinuate that the people that live in these parks are less than human! People like you should be forced out of town, to live behind a fence in a ditch and never be seen. I don't know who you are, but based on your ignorant attitude I will assume you are kin to or friends with the Tiptons of the area. And yes, Ms. Tipton's parks are included in the above mentioned.
Thankfully I don't have to live in your predjudiced community, but my family does. It is for them that I hope that people will listen to the truth about these parks and get their owners in check. In my neck of the woods, we call them Slum Lords. They are after the almighty dollar and the tenants can be damned!
I'm just disgusted with the whole lot of you! "
Disgusting is what you are wrote on Oct 13, 2008 7:15 PM:
" Lorrie,
Disgusting are what your comments are. There are many good well kept parks in Benson.
The two that Mrs. Tipton manages are two of them. Thank God for Landlords like the owners of Stagecoach Trails
When I first moved into the park it was filled with druggies. Both Parks have been cleared of all of that residue and turned into clean well managed Parks. Each home has it's own trash bin.
The owner of our park maintains CITY streets at his own cost. They were dirt roads when I moved in. The city won't maintain the roads so the property owner does it for us, the residents.
Any time there is any kind of a problem, it is i taken care of at once, thanks to Mrs. Tipton and the park owner.
I believe that if you lived in a park that you were probably part of the problem. I believe Ralph was slamming Thelma not residents of parks.
Park rules and regulations are there to keep parks in good, safe and orderly condition and are given to people to sign BEFORE they move into parks. If you don't want to live by the rules and regulations then don't move into any housing community that has them.
The parks that Mrs. Tipton manages are clean, safe, well maintained and the owner keeps the rents affordable.
I have lived in both parks before and since this owner took over.
This community owes the owner of these two parks a debt of gratitude and a BIG thank you for cleaning up the messes that were there before.
So, Lorrie don't move into a nice park and then try to break the rules. You won't like the consequences. The laws work for BOTH sides. "
Disgusting are what your comments are. There are many good well kept parks in Benson.
The two that Mrs. Tipton manages are two of them. Thank God for Landlords like the owners of Stagecoach Trails
When I first moved into the park it was filled with druggies. Both Parks have been cleared of all of that residue and turned into clean well managed Parks. Each home has it's own trash bin.
The owner of our park maintains CITY streets at his own cost. They were dirt roads when I moved in. The city won't maintain the roads so the property owner does it for us, the residents.
Any time there is any kind of a problem, it is i taken care of at once, thanks to Mrs. Tipton and the park owner.
I believe that if you lived in a park that you were probably part of the problem. I believe Ralph was slamming Thelma not residents of parks.
Park rules and regulations are there to keep parks in good, safe and orderly condition and are given to people to sign BEFORE they move into parks. If you don't want to live by the rules and regulations then don't move into any housing community that has them.
The parks that Mrs. Tipton manages are clean, safe, well maintained and the owner keeps the rents affordable.
I have lived in both parks before and since this owner took over.
This community owes the owner of these two parks a debt of gratitude and a BIG thank you for cleaning up the messes that were there before.
So, Lorrie don't move into a nice park and then try to break the rules. You won't like the consequences. The laws work for BOTH sides. "
Nancy wrote on Oct 13, 2008 7:22 PM:
" Lorrie,
Are you suggesting that you should pay what you want and that you should be able to do what ever you want including painting your house red with black poka dots That you should also be allowed to over run a park with barking, meowing animals that poo all over other peoples property because you let them run loose?
Why should you have these rights in a privately owned park?
People move into these parks because of the rules and regulations. The kinds of parks that you are describing don't have them and that is why they are that way.
We like the rules and regulations so go live some where else. "
Are you suggesting that you should pay what you want and that you should be able to do what ever you want including painting your house red with black poka dots That you should also be allowed to over run a park with barking, meowing animals that poo all over other peoples property because you let them run loose?
Why should you have these rights in a privately owned park?
People move into these parks because of the rules and regulations. The kinds of parks that you are describing don't have them and that is why they are that way.
We like the rules and regulations so go live some where else. "
Whos who at the zoo wrote on Oct 1, 2008 3:04 PM:
What parks did they inspect, as none were mentioned. What specific violations did they find and by what authority are they inspecting anyones parks.
Accusations and insinuations are cheap so be specific about them. Is the paper afraid of a law suit if they start falsely making accusations. Is that why they just print what others tell them without any investigation into the matters? "