Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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At the time he applied for tenancy in the park, Strashnick was required to pay a nonrefundable $140 application fee. Section 31-44-3(8)(i) states in pertinent part that "[a] prospective resident shall not be charged an entrance fee for the privilege of leasing or occupying a lot, except as provided in § 31-44-4," which is the section relating to the sale of mobile and manufactured homes.[1] Although this section was applicable to Strashnick's purchase of an existing mobile home in the park, a nonrefundable fee was violative of Rhode Island law, and Strashnick subtracted the amount from his first rental payment. Krzak vehemently denied this *851 transaction at trial, acknowledging that such a charge wasillegal. Krzak's denial was contradicted by her handwritten notation on Strashnick's canceled check: "nonrefundable application processing fee and credit check."[2]

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