Sunday, December 29, 2024

Movable Shelter tent as a campsite sleeper shelter: Six month shuffle! transient tenancy rules

 Camping Trailer" - A folding structure, mounted on
wheels and designed for travel,

  putting this pop up insulated wood stove shelter on wheels! 56 square feet. 7.5 feet x 7.5 feet.

 Accessory Structures in R-1 Zone District.

prohibiting dwelling, commercial, industrial and other land uses from being located within said accessory structure.

wow kind of cool to see it in explicit legal language in a city ordinance!  

 Structure - Anything more than 30 inches high placed, constructed, or erected with a fixed
location on the ground, including portable buildings,

OK by "portable building" they mean constructed somewhere else. This was the key sticking point for that Tenessee couple! I think they called it "readily reuseable"? ready-removable structures

 The “tiny house” trend is booming across the country, but the illegal conversion of ready-removable shed structures into living spaces could mean big headaches for buyers. In an effort to protect consumers, the Tennessee State Fire Marshal’s Office is urging Tennesseans to be aware of state laws governing ready-removable structures and not fall victim to persons trying to make big profits by selling these small structures as legal living spaces.

“Don’t get duped by a seller who promotes or promises a ready-removable as an affordable living space,” said State Fire Marshal and Commerce & Insurance Commissioner Julie Mix McPeak. “Ready-removable structures are not built with the intention of being used as living spaces.”

What’s a ready-removable? The term “ready-removable” refers to a structure without any foundation, footings, or other support mechanisms that allow a structure to be easily relocated, but which may include electrical wiring. According to Tenn. Code Ann. § 68-126-303, ready-removable structures include, but are not limited to, stadium press boxes, guard shelters, or structures that contain only electrical, electronic, or mechanical equipment that are solely occupied for service or maintenance of such equipment.

It is against state law to modify ready-removable structures for use as residential, recreational, or emergency housing in Tennessee.

 Ready-removables cannot have plumbing systems.

 RV parks and campgrounds shall be operated on a seasonal basis and may only be open
seven months a year
. RV’s may be stored at the park on a year-round basis.

 Dwelling Site - A designated location for residential use by one or more persons using
temporary or movable shelter, including camping and recreational vehicle sites...such as tents and recreational vehicles, are intended or used to provide short-term occupancy.

 transient occupancy by camping in tents, camp trailers,
travel trailers, motor homes or similar facility designed for temporary shelter

 the nature of residency is transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks

 Is movable (on skids or can pick it up move it, no footings = usually no permit required. run in shed needing no permit...
an uncle who was a code inspector, is that if it sits ON the ground. Is movable (on skids or can pick it up move it, no footings = usually no permit required.
If it in footings in the ground, attached to footings, concrete or not, it’s considered a permanent structure & (usually) requires permits. ANY permanent structure (including carports) that is greater than 12ft in any dimension requires a building permit

"Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping.... https://www.leg.mn.gov/docs/pre2003/other/830478.pdf

 Campground - An open-air recreation area where temporary or movable shelters, such as tents and recreational vehicles, are intended or used to provide short-term occupancy.

 

Yes, a shed built on skids is considered a portable shelter because the skids allow the shed to be easily moved from one location to another, making it a temporary structure that doesn't require a permanent foundation; essentially, the skids act as a mobile base for the shed. Sheds on skids are usually placed on a gravel base because they're temporary structures, and so is the base.

 No, generally you cannot occupy a "temporary structure" without a permit, 

 Yes, if you move a tent after six months, it is still generally considered a "shelter" and not a "structure" because the key characteristic of a tent is its temporary nature,

 while a "temporary structure" is a broader term referring to any building designed for short-term use, which could include larger, more complex structures that may not be easily movable on skids; the key difference lies in the portability and intended mobility of the shelter on skids compared to a more static temporary structure.

 Shelters typically do not provide all the functionality of a home; those living in standalone shelters do not have access to cooking facilities, restrooms within their living space, or plumbing.

https://housingmatterssc.org/words-matter-housing-vs-shelter/ 

canvas/nylon collapsible and sled-style shelters

 Portable shelter is now defined as a structure that is placed on the ice to provide shelter and is
readily collapsible, folds, or disassembles for transport.
• Portable shelters, like the canvas/nylon collapsible and sled-style shelters, do not need to be licensed when they are occupied/attended.
• Shelters that do not meet the definition of a portable shelter, such as camper-type shelters,
need to be licensed.

https://alaskastructures.com/products/skid-structure-enclosures/ 

 Our gable buildings are ideal for quickly creating temporary housing or permanent workforce accommodations in remote locations. Depending on size, GB Series buildings are configurable for any purpose, including single-person or two-person sleeper shelters. Our gable buildings are popular with prospectors and field operations needing high-quality remote camps because of their vertical sidewall design, which allows workers to maximize interior living space.

 Vinyl Esther fiberglass

https://dupontbuilding.com/products/lightweight-fiberglass-shelters/ 

 6” x 3”) timber that provides resistance against wood rot and insect attack and supported by 50mm x 50mm x 4mm metal steels, 

 https://cdn.prod.website-files.com/620bc59886a6253762953e9a/6296300ef9b8475bd0df19d4_mobile-field-shelter-timber-skids.jpeg

 10x12 shed floor with shed foundation skids

For example, on a small barn that is 10' wide and 12' long, your skid will be exactly 12' long.

The following picture illustrates the framing for a 10x12 shed floor with 12' long skids.

https://www.shedking.net/shed-foundation-skid.html 

 Square up your floor by first taking diagonal measurements from opposing corners.
These two measurments need to be equal. As an example, if your shed floor is 10x12,
the diagonal measurements would be 15' 7-1/2”. Measure diagonally across the floor to
square it up, then measure diagonally across the other two corners. Shift the frame until
both measurements are the same. Using a sledge hammer and gently tapping one
corner or the other will help shift your framing to where it needs to be.
7.Double check to make sure that the 4x4 skids are in the proper position and then toe
nail your floor joists to them.

  Rebar stakes with welded washer tops placed in corners and every 4 feet or so will guarantee the wind and rain wont move it while keeping it considered "a portable skid shed". I have built many, even legally ran power to them. 

 While a larger shed that sits on a slab foundation will require a permit, a skid-mounted utility shed of 400 square feet or less will not

 That's in Escambia County Florida somewhere in their code or ordinance....

Temporary sheds, on the other hand, are often made from lighter materials and can be easily moved or disassembled

 Even a “portable utility shed” is assessed as real property. GUIDELINES , Chap. 1, p. 11.

 The Petitioner claimed that the metal storage shed is not on a permanent foundation
and, therefore, should not be assessed. This is incorrect. The assessment of real
property includes land, buildings and fixtures situated on the land and appurtenances
to the land. T HE REAL PROPERTY ASSESSMENT GUIDELINES FOR 2002 – VERSION A
(incorporated by reference at 50 IAC 2.3-1-2) (the G UIDELINES ), Chap. 1, p. 2. Thus,
land, buildings and fixtures situated on the land are assessable property and the utility
structure’s lack of permanent foundation does not impact the assessment.

 Make Rock wool insulated core metal panels with "Liquid Nail" Polyurethane adhesive

9-inch thicknesses and capable of meeting an R-value of 26, the Alaska SuperLayer is manufactured in the U.S. with 30% recycled components

HUB type: Eskimo Fatfish 9416i…would need a flooring/sled for this size. 167″x94″. 7' x 12' wow.

 50mm box stainless steel sections

 a temporary structure is one that, from the beginning of its installation through its use and
subsequent removal, takes no more than 180 days.

 https://www.shawnee.edu/sites/default/files/2019-01/BBSMemoTempStructuresandTents.pdf

 

 8 x 14= 122 sq feet. wow.

Exterior Details

30 year shingles, 30 year LP smart siding board and batten, Cedar porch, 2 doors, 2 Windows, Vapor barrier, 4x6 Skids or Trailer, color match, Customize window and door layout

https://www.monopolyaframe.com/ 

  I guess I have to do a "tiny house on wheels" for it to be considered a kind of RV that is a tent.

 Can Tiny Homes Be RVs? Tiny homes may qualify as RVs, but to do so they must be built as vehicles in compliance with NHTSA regulations (see the Federal Motor Vehicle Safety Standards – also referred to as the FMVSS – which can be found at Title 49 of the Code of Federal Regulations).

 They are a trailer, with a bunch of crap on it. An art project on a trailer. As such, they need all the paperwork a trailer needs, which is basically just a license plate and a title (at least in my state of Oregon).

 The trailer needs to be registered as a trailer. Usually requires having it inspected by the DMV. With a house on top of it, it could be difficult.

https://www.reddit.com/r/TinyHouses/comments/12hr8zh/confusion_about_titleregistration_for_tiny_house/ 

 8 x 10 insulated ice shack on skids! vid

 drag

So if a trailer is less than 4500 lb carrying then no license is needed for it - so if I just build on a trailer then it will be equivalent of a light-weight RV is such a thing existed. hahaha.

 if your Class A RV is less than 26,000 pounds and 40 feet in length, you're likely fine to drive with your regular driver's license.

Yeah better to just stick with a tent design.

 A tent is a shelter consisting of sheets of fabric or other material draped over, attached to a frame of poles or a supporting rope.

 As long as I move the tent every six months then it's not a structure.

The internet-famous tiny house mocked for its big price tag last summer still sits empty, but not for long.
It’s been about a year since the 205-square-foot home at 804 N. Sixth Av. E. went on the market. After a lengthy construction process led by Colorado-based Simply Tiny Development LLC, it listed at $195,000 last June — a price deemed so high for its petite size that city officials received complaints, a still-active parody Facebook account sprung up and a TikTok video was viewed 562,000 times. The price dropped to $182,500 before it was taken off the market in August.

https://www.startribune.com/duluth-tiny-house-poised-to-become-affordable-rental/600371756

Wow if this doesn't PROVE how insane regulations are for housing and why it's illegal to be poor in the U.S.!!! Dang - no wonder we have a homeless crisis. It's legal to have animals live in shelters but you can only live in a tent legally and not a shelter if you're human. Hilarious!!!!

“Affordable housing in Duluth has been in crisis for quite some time,” she said, with rent and construction costs continually rising.

 But a structure in the woods made to take shelter against weather is a shelter.

 AI says: 

A wattle and daub construction with wood posts directly in the ground but lacking a floor would be considered a shelter rather than a full structure, as it primarily provides basic protection from the elements without a solid, stable base to stand on; essentially, a temporary wall-like barrier with no defined interior space.

 wow - cool.

Something that might be called a “camp” in the east might be called a “cabin” in the mid-west.  In Canada, it seems, we are just as divided. 

In Eastern Canada, the word cabin is greatly preferred to describe “a small house in the courntryside, often by a lake, where people go on summer weekends”, according to a study for the North American Regional Vocabulary Survey done by Charles Boberg, a professor of linguistics at McGill University.  While in Toronto, the word cabin is never used.  Southern Ontarians seem to prefer to call their summer getaway a cottage.  The word camp is widely used in Northern Ontario for a rustic shelter but, with the slight exception of New Brunswick, is hardly ever used anywhere else.

https://www.small-cabin.com/forum/2_2128_0.html 

I would build the platform smaller than the tent so when it rains the water will not run off the tent only to puddle back on the floor. If you want a deck outside the deck this could be accomlished by keeping the inner tent floor 1 step up from the surrounding deck / porch.

https://www.reddit.com/r/OffGrid/comments/y0rxlc/quick_set_up_discrete_off_grid_shelter/ 

 The county I’m in, as I sadly discovered after I bought the land, despite their website saying otherwise, is notoriously hard to work with and does drive around and cite people for abandoned vehicles, trailers, etc, and has even cited people for having a shipping container without a permit within a month of creating the permit requirement

 small enough to park under a tree so it doesn't show up in the satellite images the county uses to find new structures. I have a portable camp toilet, water storage and bring a small 1000w portable power station with me when I go up to plug into the shore power.

For the price and being able to just tow it with my SUV, it was a no brainer.

 https://cdn.shopify.com/s/files/1/0384/0233/files/at_shelters.jpg?v=1523288171

 

The phrase, "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home thereon will be moved from time to time.

 RECREATIONAL  VEHICLE:  Shall be defined in MS Chapter 327.14 as follows: (a) Any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation, and vacation use. (b) Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation use. (c) Any portable, temporary dwelling to be used for travel, recreation, and vacation constructed as an integral part of self-propelled vehicle. (d) Any folding structure mounted on wheels and designed for travel, recreation, and vacation use.

 https://www.revisor.mn.gov/statutes/2001/cite/327.14

 https://midwaytwpmn.govoffice2.com/vertical/sites/%7BCC2032FF-CB5D-4424-A6A5-392859EA19B1%7D/uploads/Midway_Zoning_Ordinance_Adopted_6-2-2016.docx

 Wow so I can travel as a goat herder - legally living on a campsite as per federal labor code

This video of how to make a travel out of wood with four wheels is the secret key to living on land legally being poor!

Just build one of these for my composting toilets - have lots of insulation.
Build another for a sleeping hut - well insulated.
Build another for a shower hut - well insulated.
There's no way anyone can claim they are "structures." hahahaha
I can build them on site since I can't haul trailers back into the woods.
I could build skid shelters but a "skid" is not listed as an "RV" that is clearly tagged as a campsite. So better to stick to wheels. hahahahahaha.

These are from the new "sacred communities" state statute but these are ONLY allowed if the tiny houses on wheels are on a "premise" that already has "permanent" facilities infrastructure.

https://tricamindustries.com/product/fr2106/

So buy 4 of these 10 inch farm wheels at $20 each.

 I should just get some cheap bicycles for wheels.

DIY biker camper

AI answer: 

A "six month campsite moving" refers to the act of relocating your RV or tent from one campsite to another after staying at the original site for a period of six months, which is often the maximum allowed stay at a campground before needing to move to a different location due to park rules or regulations.

FASCINATING!!

There is a bill coming before the Housing Committee in California to stop the practice of the "6-Month-Shuffle."  It is AB 1472.  It's to protect people from being evicted and face homelessness due to this bad business practice.  

We need stories of places and cities where the mobile home or rv park owners are requiring the tenants of the park to move before 9 months are up to avoid a change in tenancy status.  

Assemblymember David Alvarez is sponsoring AB 1472 to expand the prohibition of the "6-month-shuffle" to the entire state of California.  This is the practice of making RV residents move before 9 months have elapsed in the same place because the park owners want to avoid the change in tenancy from "tenants" to "residents," under Civil Code section 799.31.

https://www.rvnetwork.com/topic/147098-6-month-shuffle-parks-making-rv-owners-move-every-sixnine-months/

The underlying issue is having someone obtain resident status after being in the park for 9 months as stated in CA Civil Code Section 799. This is what should be corrected, not adding a new section that prohibits resetting the residency clock while leaving the residential status intact.
  Gaining residential status greatly complicates removing a troublemaker's RV from the park, for causes including non-payment of rent.  It drags the process out from a simple 1 day or 1 week written notice to a full blown court ordered eviction with at least 60 days written notice  Meanwhile the resident gets to stay in the RV park while the process plays out. 

I will have to move out in 2.5 months on April fools day for 4 days then move back again just so the MHP owner status of the park won't change.

Wow the Six Month shuffle exists in Canada also

 A University of San Diego Law School Professor Alysson Snow, who runs the Housing Rights Project offering free legal services with her students, represents many of the tenants at Miramar Mobile Home and RV Park. She said some residents are being evicted because they can’t move out every six months, which is an expensive process in itself. The six-month shuffle, as she called it, is done to avoid the residents gaining permanent residency. But this practice can lead to homelessness.

A resident recalled moving in and out of the park four times in two years because of the six-month policy. As a single dad with three kids he said it costs more to move out and come back than paying the monthly rent.

https://ca.news.yahoo.com/long-term-rv-dwellers-parks-150000239.html

The new guidelines also specify that a legal tenancy may be in place even if the landlord doesn't comply with local property zoning — as is the case at RV parks and campgrounds in Surrey, where bylaws prohibit stays longer than six months.

However, it's not clear how the law applies at places like the Peace Arch RV Park in Surrey, which in the past has argued that its long-term residents cannot be tenants because of the city's six-month prohibition.

 ...........

 This is a seasonal campsite the lot payment a Season is 4,500 + tax ( 6 months A year Then in Winter Season The Resort Closes.)

 install a manufactured home, moveable dwelling or associated structure on land.
4. Install a temporary structure on land.

requires approval of the council 

 MOVEABLE DWELLING means any tent, van or other conveyance whether on wheels or not and any other similar structure being a tent, conveyance or structure.

 

 Campervan means a moveable dwelling, other than a caravan, designed to be capable of being registered as a motor vehicle, and includes a camper trailer. Caravan

Very fascinating details from Australian ordinance 

 Caravan or THOW on pastoral or agricultural land, provided it is merely occupied seasonally
by people employed in pastoral or agricultural operations on the land.

 https://www.researchgate.net/profile/Malcolm-Langford/publication/265114005_Dignity_in_the_Rubble_Forced_Evictions_and_Human_Rights_Law/links/5788ccd108ae69b9986e6683/Dignity-in-the-Rubble-Forced-Evictions-and-Human-Rights-Law.pdf

 

 https://www.msn.com/en-us/travel/news/south-county-mobile-home-and-rv-park-tenants-get-new-protections/ar-AA1rMm6f?apiversion=v2&noservercache=1&domshim=1&renderwebcomponents=1&wcseo=1&batchservertelemetry=1&noservertelemetry=1

South County mobile home and RV park tenants get new protections

Story by Tammy Murga, The San Diego Union-Tribune

Gov. Gavin Newsom last month signed Assembly Bill 1472, sponsored by Assemblymember David Alvarez, that prohibits RV park owners in Imperial Beach from requiring occupants to move out and reregister every six months, making it impossible for them to become eligible for the state protections.

Under state law, park owners must have reasonable grounds to deny renewing leases. Violating park rules or missing rent payments are some examples. The new bill, effective in January, specifies that a resident is someone who has occupied a park for at least nine months in a yearlong period. Imperial Beach RV park owners could be fined $500 for violating the law.

“This bill closes a loophole that has prevented residential RV Park tenants, many of which are vulnerable and live on fixed incomes, from obtaining common tenant protections,” Alvarez said in a statement. “At a time when our state is experiencing a deep housing affordability crisis, we should not be evicting tenants who are able to abide by all other rules including paying their monthly rent.”

The law comes after repeated pleas from long-term residents of the Miramar Imperial Beach Mobile Home and RV Park to protect them from being shuffled in and out. Located on Palm Avenue, the 100-space park is one of the few remaining sources of affordable housing, not only in the small, coastal community, but across San Diego County.

Tenants claimed that park owners required them to renew their leases every six or nine months and vacate the property for at least two days every time their leases expired. If they refused, they faced eviction and those who returned to the park with a new agreement often saw rent increases. Several tenants, many with children or who are elderly and on fixed incomes, have lived there for more than a decade. The moves caused them severe financial and mental hardships, they said. In October 2022, the Imperial Beach City Council adopted an emergency ordinance that instituted a rent cap and anti-harassment provisions and banned evictions. Officials extended the rules, but they expired in May of last year.

Rachel Orozco settled her RV at the Miramar park in 2021 with her son. She advocated for AB 1472 in Sacramento after being ordered to shuffle in and out of the park and sign new leases every six months. The first move was especially stressful. Orozco said she had to request days off work, pay about $300 for the roundtrip move of the trailer, dispose of her food and buy takeout, as well as pay for a night at a hotel.

She’s feeling thankful for the bill’s passage, but believes more could be done to protect tenants against evictions, harassment and retaliation, which she and other Miramar tenants say they still experience.

“Thanks to this bill, we no longer have to move in and out and we’re really appreciative of those who voted for the bill and maybe work can be done to pass this statewide, not just in Imperial Beach,” Orozco said.

In National City, officials approved a 10-year memorandum of understanding between the city and all four mobile home park owners overseeing more than 300 spaces limiting rent increases at their properties.

The agreement, effective in January 2025 and expiring in January 2035, allows rents to be increased up to 5 percent a year. A 90-day written notice must be provided to tenants ahead of rent hikes. Owners can pass through various costs, such as property tax increases or disaster-related expenses, evenly spread out over the years to all tenants. Those costs are usually added to rent increases, but are not amortized.

National City has a temporary rent control ordinance, which imposes a 5 percent rent cap for all four properties, that expires in December. For months, the city looked at ways to establish a long-term policy to protect tenants vulnerable to unregulated rent increases, while also allowing owners to receive a reasonable return.

Carlos Aguirre, the city’s Housing and Community Development director, said park owners threatened to pursue legal action “to make things right for them if we looked at extending the ordinance without considering the pass-throughs” and the city thought it fair to include them in their agreement.

https://sjud.senate.ca.gov/system/files/2024-06/ab-1472-alvarez-sjud-analysis.pdf

 This ‘RV Shuffle’ process is repeated again and again, resulting in persistent
dislocation of a disadvantaged population and causing them ongoing mental and
financial hardship.
AB 1472 will discourage the RV Shuffle practice in the City of Imperial Beach by
instituting a financial penalty on RV park owners

https://www.acceaction.org/imperial_beach_wins_six_month_move_out_ban

 All residents of Imperial Beach RV parks are now protected from being forced to move and re-register as tenants every six months, thanks to a new law introduced by Asm. David Alvarez and signed by Gov. Newsom. Owners of RV parks used this rule in order to evade state tenant protections that activate after a tenant is a resident for nine months. Tenants at the Siesta RV Park had organized with ACCE San Diego for three years against their landlord, Miramar Imperial Beach LLC, for enforcing the six-month rule until the City finally ended the rule at the park in 2022. The law, AB 1472, expands the six-month ban citywide. Congratulations to the Siesta Park tenants and all Imperial Beach RV park tenants for this hard-fought win!

https://structuralpanels.ca/

4 inch thick insulation metal wall panels

 thanks - I found my county zoning ordinance stating any "portable building" is a structure if it's higher than 30 inches, thus requiring a permit if bigger than 150 sq. feet. So dwelling in any kind of structure then triggers a "principal residence" permit but if it was six months or less then it should not need a permit. That would make it a "movable shelter" - with the fancy ice houses on skids as the only example I can find! Yes where I live people have really fancy ice houses on skids. see the vid, "How we Built this 8x10 Insulated Ice Shack" for a skid shelter.

 https://www.uintacountywy.gov/DocumentCenter/View/7890/State-Directive-on-Taxing-Sheds-Skid-Mounted-Structures

 

 fascinating!!

 Appurtenance is something that is installed in or sits on a property.

  • It is considered a part of the property, sold with the property, and passed on to the new owners.
  • Appurtenances are often things that run with the land.

 includes permanent fixtures within the property that are not easily moved.

 Dwelling - Recreational" - A residence not exceeding 564
square feet in gross floor area, not intended for permanent
occupation, lacking electrical service and a drinking water well,
occupied only on a part-time basis not to exceed a cumulative total
of 78 days during a calendar year,
and not requiring public services
such as school bus. 

Wow so that is to ensure you have a "primary residence" (283 days) somewhere else!!

 A "digital mailbox," also commonly called a "virtual mailbox," can function as a permanent address,

 Subd. 4. Foundations.
dwelling shall be placed
concrete or treated wood.
shall be constructed of
minimum depth of five (5)
§ 11.03
Any structure designed to be used as a
on a foundation constructed of masonry,
All footings supporting the foundation
solid masonry or concrete placed at a
feet below the finished grade

 , "structure on wheels" is a more general term encompassing any building on wheels, while "shelter on wheels" specifically implies a smaller, more basic structure designed primarily to provide temporary protection from the elements, like a portable tent or a basic mobile shelter.

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