8. While a challenge to a rent increase pursuant to this section is
pending, manufactured home park tenants shall pay the amount of the rent
increase to the manufactured home park owner who shall hold such amounts
in escrow pending a mediated agreement between the parties or a final
decision from the courts, provided, however, that no manufactured home
park tenant shall be evicted for non-payment of the rent increase prior
to the final disposition of the matter by the court in the county where
the manufactured home park is located. Failure by the manufactured home
park owner to place such challenged rent increase in escrow shall be
punishable by a civil penalty of not more than five hundred dollars. If
the petitioners appeal, the manufactured home park owner may remove the
rent increase funds from escrow, mingle such funds with any other funds,
and commence a nonpayment proceeding in the court of appropriate
jurisdiction against a tenant who has not paid the increase of rent. If
the court enters a final judgment declaring the rent increases or any
part thereof unjustifiable and impermissible, the manufactured home park
owner shall refund the amount of the impermissible increase to each
tenant household.
* NB There are 2 § 233-b's