clause in mobile park 'rules and regulations' infringing on 14th amendment right?

I would like to know if this clause in a mobile home park 'rules and regulations' infringes on my 14th amendment right. I DO NOT believe in insurance and my mobile is only assessed at $19,000. Also, I am senior citizen on very small set income
Clause: Tenants must maintain $100,000 in liability, in force, to protect themselves. The Park Owner and Management assume n o liability nor provides liability coverage for Tenants for cover any of the above. - Is this your question? Add additional information
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Answers (2)

Roy Earl Morriss

Roy Earl Morriss

Contributor Level 5
I don't believe that such rules would fall under the due process clause/ or equal protection clause of the 14th Amendment. First, the rule would have to be a rule that the 'state' (government) made and/or was enforcing; or, such a rule would have to be enforced by the state in an unequal manner. Here, the rule is not a 'state' rule - it is basically part of what amounts to a lease agreement; and it appears that it applies to everyone equally. You own your mobile home, but you do not own the land it sits on; thus, you have to follow the rules of the land owner or move your mobile home to some other place. It is not at all uncommon for landowners to require people whom they allow to use their land to have insurance that protects the land owner. If something happens on your land you are usually at least partly liable for what happened...if someone falls off the porch of your mobile home, the landowner wants you to be insured for that. There are certainly a large body of statutory laws that protect the rights of mobile home owners - but, I don't believe this falls into any of those laws.
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Elizabeth Rankin Powell

Elizabeth Rankin Powell

Contributor Level 7
It is not possible to disclaim liability for negligence by contract. The whole point of negligence law is that unforeseen things happen, and somebody can be held responsible. For example, if your landlord doesn't maintain the electrical system, a tenant could be injured. By this clause, the landlord is saying, "your problem, not mine" and that is completely unenforceable.

You might want to take this up with the Attorney General. They recently won a case involving mobile home park and the enforceability of waivers of year-to-year contracts. They might be interested in this as well. Is it a constitutional issue? I don't know. But the contract clause is purely an attempt to disclaim liability. They can say you have to have insurance, but . . . the REAL question is how good is their insurance? Hope this helps. Elizabeth Powell
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