(a) If the percentage of a proposed lot rent increase is more than one percentage point
above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published
by the U.S. Bureau of Labor Statistics in the periodical “Monthly Labor Review and
Handbook of Labor Statistics” as established annually by the Department, and if, within
15 business days after receipt by the Commissioner of the notice required pursuant
to subsection 6251(a) of this title, a majority of the affected leaseholders files with the Commissioner and the park
owner a written petition that includes the name of the person who will act as the
representative of the leaseholders, and a statement that they dispute the proposed
lot rent increase, the Commissioner shall send a list of qualified professional mediators
compiled by the Department in cooperation with park owners and leaseholders to the
park owner and to the leaseholders’ representative. Within five business days of receipt
of the list, the park owner and the leaseholders’ representative shall agree on a
mediator from the list provided by the Commissioner and notify the Commissioner of
the name, address, and telephone number of the mediator selected, accompanied by the
mediator’s agreement to conduct the mediation. If the Commissioner has not been notified
of a mediator as required by this subsection, the Commissioner shall appoint a mediator
from the Department’s list. The mediator may not have any interest, direct or indirect,
in the mobile home park at issue and shall disclose to the park owner, the leaseholders,
and the Commissioner any experience as a mobile home park owner, resident, or leaseholder,
or any other circumstance that may create a real or perceived conflict of interest.
The Department shall pay the reasonable fees for professional mediation services based
on a schedule established by rule of the Department.