# Title 23 — Health and Safety

## Chapter 23-10.1 — Mobile Home Park Receiver

### § 23-10.1-01. Definitions.

For purpose of this chapter:
1. "Commissioner" means the commissioner of the department.
2. "Department" means the department of health and human services.
### § 23-10.1-02. Conditions for appointment of receiver.

1. When the department revokes the license of a mobile home park, the department may
file a petition with the district court to place the mobile home park under the control of
a receiver for repeated or serious violations of chapter 23-10 or the administrative
rules of the department, or to protect health or safety.
2. The court may grant the petition after finding:
a. The mobile home park committed, or is continuing to commit repeated or serious
violations of chapter 23-10 or the administrative rules of the department; or
b. Health or safety would be seriously threatened if a condition existing at the time
the petition was filed continues.
### § 23-10.1-03. Appointment of receiver.

If the court grants the petition to place the mobile home park into receivership, the court
shall appoint the commissioner as receiver. The commissioner may designate a qualified
individual or a nonprofit organization to execute the receivership. An individual designated to
execute the receivership may not be employed by this state or a political subdivision. The
receiver shall use the income and assets of the mobile home park to maintain and operate the
mobile home park and to attempt to correct the violations of chapter 23-10, the administrative
rules of the department, or other condition which constitutes a threat to health or safety. The
receiver may not liquidate the assets of the mobile home park.
### § 23-10.1-04. Termination of receivership.

The receivership terminates when:
1. The receiver and the court certify the conditions that prompted the receivership are
corrected;
2. The license to operate the mobile home park is restored;
3. A new license to operate a mobile home park is issued; or
4. The owner of the mobile home park discontinues operation and the residents of the
mobile home park have secured other appropriate housing.
### § 23-10.1-05. Accounting.

Upon termination of the receivership, the receiver shall render a complete accounting to the
court and shall dispose of surplus funds as the court directs.
