If you have a fundamental distrust of governmental authority, then you are definitely on the right track concerning mobile home park ownership. City Hall is certainly never your friend – and often your worst enemy—when it comes to protecting your rights as a property owner. Personal agendas and hypocrisy are more common at City Hall than on the Kardashians, and both are unpleasant to watch. So why do mobile home parks have a uniquely unfriendly relationship with City Hall.
City Hall is often wrong
Mobile home parks are protected by certain zoning laws, many of which are too complicated for the usual inspector to understand – certainly for an individual with the brain power of an inspector. Because of this fundamental lack of sophistication, most city inspectors and managers come to the wrong conclusions all the time. The most common misstep is the interpretation of “grandfathering”, also known as “legal non-conformance”. Under this law, any mobile home park that was legally constructed at a certain point in time, only has to abide by those ordinances in effect on the day it was built. Thereafter, no new ordinances have any application and are void. If the park was legally built in 1974 with 5’ setbacks from the street, and the city passes an ordinance in 1994 that the setback must be 50’, then the law is still 5’ for that park. This is federal law, and has been tested in court repeatedly. In fact, there is Supreme Court case law to support this in Missouri and Ohio.
City Hall is typically stubborn even in the face of overwhelming fact
Despite the fact that this is federal law, and should be part of the training of any city manager or inspector, it is all too common for City Hall to get it wrong. But even worse is the stubbornness of City Hall to correct their thinking when their ignorance has been pointed out. It is very common for us to be forced to resolve such issues using a call from our lawyer to the city attorney. The city attorney then educates the city manager, and then that water falls down to the inspector. But in some cases City Hall -- despite knowing and understanding the law -- chooses to refuse to acknowledge it because “they just want that damn trailer park gone”.
You have to fight for your rights and not back down
When that happens, you cannot let City Hall deprive you of your rights as a property owner. If you do that, you jeopardize your ability to maximize the park’s income, as well as potentially damage or destroy the ability to refinance or sell the park down the road. And, worst of all, such loss is not even necessary, as you are 100% in the right under federal law.
But you have to pick when to fight
But that does not mean that you should fly a “Don’t Tread on Me” flag in front of your house. You need to pick your battles carefully, and not be labelled as a “cry baby” by the city. For example, if the inspector says that a certain house has to replace the broken coach light on their front door, and it costs $20 to do that, the last thing you want to do is file a lawsuit to block such an action. We will give on many issues that we don’t have to, because it simply is not financially sensible to fight them, or they have no impact on future park operations or valuations. But if a city says “you can’t use those vacant lots” then we declare war.
How to turn the tables on City Hall
There are three basic techniques you need to know to improve your odds of beating City Hall and getting them to back down. The first is that you cannot force your rights until you have been harmed. Essentially, you can’t sue someone based on an assertion of “what if”. You have to bring a mobile home into that lot that’s in contention and wait for the city to red tag it, and then you can sue. What we have found is that, despite what City Hall claims they’ll do, it’s actually 70% bluff. So, before you can break out your big guns, you have to let them fire first.
The second item is that the key to satisfaction in most cities is by enlisting the aid of a “municipal” lawyer. This is a special variety of lawyer that only sues cities. That’s their whole world. Most large firms have one, and it is essential that you use only a lawyer that has this expertise. If you hire a regular old family or real estate lawyer, the city will know they are ineffectual and not be scared. It’s like bringing Pee Wee Herman to a gunfight.
The third item that we have learned is that nothing scares City Hall more than the threat of a jury trial. In those cases where we have had to go to war, we have threatened to file for a jury trial, as opposed to one decided by a judge. Why is that? Because the judge is effectively on the City Hall payroll. They often have their chambers at City Hall, and they certainly look to City Hall to bring them business. City Hall knows that, in front of any judge, they have the advantage. But when you flip that to a jury trial, not only do they lose their top mobster, but they must now deal with the reality that everyone hates City Hall. The jury will almost certainly vote against City Hall, and they know it. We have used this one strategy against simple tickets from inspectors for petty items, and they always get dismissed.
Conclusion
In the Andy Griffith Show, City Hall was depicted as a fair and sensible institution. Well, maybe it was in 1950. But half a century later, City Hall is often ignorant, petty, and corrupt. Don’t feel like you have to obey what they tell you, or that they are always right. Stand up for your rights as a property owner and here the bully will cry like a baby.