Mobile home utilities and habitability in Arkansas

Two things stand out about utilities in Arkansas mobile home parks. First, there is no statute capping or regulating utility charges in a park — how water, sewer, trash, and submetered utilities are billed is left to the rental agreement. Second, a 2021 law created the state's first baseline habitability standards, which include having water, electricity, and a working sewer system. This is general information about how the law works; for a specific bill, consider consulting a licensed attorney in Arkansas.

What the statute says

Arkansas Code §18-17-502, "Implied residential quality standards," added by Act 1052 of 2021, applies "for all lease agreements or rental agreements entered into or renewed after November 1, 2021." It implies into those agreements a requirement that a dwelling unit or single-family residence have, at move-in and throughout the term:

(1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises...

If a covered standard is not met and the tenant gives proper written notice, the statute gives the tenant — when rent is current and the issue is not excused — a remedy "to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq." if the landlord does not remedy it within 30 days. On billing itself, §18-17-401 leaves how utilities are charged to the agreement.

How it works in general

Arkansas does not limit what a park charges for utilities, so the rental agreement controls submetering, pass-through charges, and any markup. What the 2021 quality standards add is a floor: covered residential rentals must actually have available water and electricity, potable drinking water, and a conforming sewer system. The remedy for a failure is narrow — proper written notice, a 30-day cure window, and, if uncured, the right to terminate without penalty and recover the deposit — and it applies to agreements entered or renewed after November 1, 2021.

Common scenarios

General examples Arkansas park residents commonly encounter:

• A submetered or pass-through utility charge appears. With no cap, the agreement is the reference point for what may be billed.
• Water, electricity, or sewer service is not available. Section 18-17-502 sets a baseline for covered post-2021 agreements, with a notice-and-cure remedy.
• A resident wants the standards enforced. The statute's path is written notice, a 30-day cure period, and termination-plus-deposit if uncured.

Other authorities that may apply

The written rental agreement supplies the actual utility-billing terms, and the utility provider or local government sets the underlying rates. Building and housing codes feed into the §18-17-502 sewer-and-plumbing standard. Federal rules can apply to particular utility-assistance programs. Because Arkansas does not cap park utility charges, the agreement and the 2021 quality floor are the main reference points.