§ 233 SECTION 233 Manufactured home parks; duties, responsibilities
RPL § 233
a. Wherever used in this section:
1.The term "manufactured home tenant" means one who rents space in a manufactured home park from a manufactured home park owner or operator for the purpose of parking his manufactured home or one who rents a manufactured home in a manufactured home park from a manufactured home park owner or operator.
2.The term "manufactured home owner" means one who holds title to a manufactured home.
3.The term "manufactured home park" means a contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living.
4.The term "manufactured home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined in paragraph five, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development.
5.The term "mobile home" means a moveable or portable unit, manufactured prior to January first, nineteen hundred seventy-six, designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailers.
6.The term "rent-to-own contract" shall mean any agreement between a manufactured home park owner or operator and a manufactured home renter which provides that after a specified term or other contingency the manufactured home renter will take ownership of the rented home.
7.The term "rent-to-own payment" shall mean any payment or payments made by a manufactured home renter pursuant to a rent-to-own contract which are in addition to rental payments for the rented site and the rented home.
b. A manufactured home park owner or operator may not evict a manufactured home tenant other than for the following reasons:
6.
(i)The manufactured home park owner or operator proposes a change in the use of the land comprising the manufactured home park, or a portion thereof, on which the manufactured home is located, from manufactured home lot rentals to some other use, provided the manufactured home owner is given written notice of the proposed change of use and the manufactured home owner's need to secure other accommodations. Whenever a manufactured home park owner or operator gives a notice of proposed change of use to any manufactured home owner, the manufactured home park owner or operator shall, at the same time, give notice of the proposed change of use to all other manufactured home owners or tenants in the manufactured home park who will be required to secure other accommodations as a result of such proposed change of use. Eviction proceedings based on a change in use shall not be commenced prior to two years from the service of notice of proposed change in use. Such notice shall be served in the manner prescribed in section seven hundred thirty-five of the real property actions and proceedings law or by certified mail, return receipt requested.
(ii)Where a purchaser of a manufactured home park certified that such purchaser did not intend to change the use of the land pursuant to paragraph (b) of subdivision two of section two hundred thirty-three-a of this article, no eviction proceedings based on a change of use shall be commenced until the expiration of sixty months from the date of the closing on the sale of the park.
(iii)(A) The manufactured home park owner or operator shall provide the manufactured home owner a stipend of up to fifteen thousand dollars per manufactured home owner, pursuant to a court order. A warrant for eviction cannot be executed until the stipend has been paid to the manufactured home owner being evicted.
(B) The court shall calculate the stipend based upon consideration of the following factors:
(1)The cost of relocation of the manufactured home;
(2)The number of manufactured homes in the same park that would be receiving a stipend;
(3)The amount the real property is being purchased for;
(4)The value of the real property the manufactured home is located on;
(5)The value of the development rights attached to real property parcel the manufactured home is located on; and
(6)Any other factors the court determines are relevant in each case.
(C) In the event the manufactured home owner is not removed and the eviction proceeding is terminated the manufactured home owner shall return the stipend to the park owner. The weight to be afforded to each of the various factors is within the discretion of the trial court.
c. If the manufactured home park owner or operator does not have one of the above grounds available, the manufactured home tenant may raise the same by affirmative defense to an action for eviction.
d. The proceedings to evict shall be governed by the procedures set forth in article seven of the real property actions and proceedings law, except for the provisions of subdivision two of section seven hundred forty-nine of the real property actions and proceedings law which shall be superseded by the provisions of this subdivision.
e. Leases.
2.
f. Rules and regulations.
g.
4.
(a)Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of premises and the manufactured home, if rented, in a manufactured home park as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be a trust fund in the possession of the person with whom such deposit or advance shall be made and shall not be mingled with other funds or become an asset of the park owner, operator or his agent.
(b)Whenever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. Deposits in a banking organization pursuant to the provisions of this subdivision shall be made in a banking organization having a place of business within the state. If the person depositing such security money in a banking organization shall deposit same in an interest bearing account, he shall be entitled to receive, as administration expenses, a sum equivalent to one percent per annum upon the security money so deposited, which shall be in lieu of all other administrative and custodial expenses. The balances of the interest paid by the banking organization shall be the money of the person making the deposit or advance and shall either be held in trust by the person with whom such deposit or advance shall be made, until repaid or applied for the use or rental of the leased premises, or annually paid to the person making the deposit of security money.
(c)Whenever the money so deposited or advanced is for the rental of a manufactured home park lot on property on which are located six or more manufactured home park lots, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing account in a banking organization within the state which account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with the banking organizations in such area.
(d)In the event that a lease terminates other than at the time that a banking organization in such area regularly pays interest, the person depositing such security money shall pay over to his manufactured home tenant such interest as he is able to collect at the date of such lease termination.
(e)Any provision of such a contract or agreement whereby a person who so deposits or advances money waives any provision of this subdivision is void.
h. No manufactured home park owner shall:
i.
j. The owner or operator of a manufactured home park may enter a manufactured home owner's manufactured home without the prior consent of the occupant only in case of emergency. The owner or operator of a manufactured home park may enter a manufactured home tenant's manufactured home during reasonable hours on reasonable notice.
k. The owner or operator shall provide reasonable notice where practicable to all manufactured home tenants who would be affected by any planned disruption of necessary services caused by the owner, operator or his agent.
l. The park owner shall designate an agent on the premises or in close proximity to the manufactured home park to insure the availability of emergency response actions in matters affecting the health, safety, well-being and welfare of manufactured home tenants in the park. The designated agent's name, address and telephone number shall be posted in a conspicuous location in the park, given in writing to each tenant and registered with appropriate county law enforcement and health officials and local fire officials.
m. Warranty of habitability, maintenance, disruption of services. In every written or oral lease or rental agreement entered into by a manufactured home tenant, the manufactured home park owner or operator shall be deemed to covenant and warrant that the premises so leased or rented and the manufactured home if rented, including rental through a rent-to-own contract, and all areas used in connection therewith in common with other manufactured home tenants or residents including all roads within the manufactured home park are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises and such manufactured homes if rented shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the manufactured home tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties. The rights and obligations of the manufactured home park owner or operator and the manufactured home tenant shall be governed by the provisions of this subdivision and subdivisions two and three of section two hundred thirty-five-b of this article.
n.
o. Whenever a lease shall provide that in any action or summary proceeding the manufactured home park owner or operator may recover attorney's fees and/or expenses awarded by a court, there shall be implied in such lease a covenant by the manufactured home park owner or operator, to pay to the tenant the reasonable attorney's fees and/or expenses incurred by the tenant to the same extent as is provided in section two hundred thirty-four of this article which section shall apply in its entirety. A manufactured home park owner or operator may not demand that a tenant pays attorneys' fees unless such fees have been awarded pursuant to a court order.
p. Any manufactured home park owner or operator who has agreed to provide hot or cold water, heat, light, power, or any other service or facility to any occupant of the manufactured home park who willfully or intentionally without just cause fails to furnish such water, heat, light, power, or other service or facility, or who interferes with the quiet enjoyment of the leased premises, is guilty of a violation.
q. Upon receipt of rent, fees, charges or other assessments, in the form of cash or any instrument other than the personal check of the tenant, it shall be the duty of the manufactured home park owner or operator to provide the payor with a written receipt containing the following:
r. Limitation on late charges. A late charge on any rental payment by a manufactured home owner which has become due and remains unpaid shall not exceed and shall be enforced to the extent of three percent of such delinquent payment; provided, however, that no charge shall be imposed on any rental payment by a manufactured home owner received within ten days after the due date. In the absence of a specific provision in the lease or the manufactured home park's rules and regulations, no late charge on any delinquent rental payment shall be assessed or collected. Late charges may not be compounded and shall not be considered additional rent.
s. It shall be a violation for a manufactured home park owner, operator or his agent to restrict occupancy of a manufactured home or manufactured home park lot intended for residential purposes by express lease terms or otherwise, to a manufactured home tenant or tenants or to such tenants and immediate family. Any such restriction in a lease or rental agreement entered into or renewed before or after the effective date of this subdivision shall be unenforceable as against public policy. The rights and obligations of a manufactured home park owner or operator and the manufactured home tenant shall be governed by the provisions of this subdivision and subdivisions one, three, four, five, six, seven, eight and nine of section two hundred thirty-five-f of this article.
t.
2.
u. In the event of a breach by a manufactured home park owner or operator of any of the requirements of this section, the manufactured home tenant may commence an action for damages actually incurred as a result of such breach, or in an action or summary proceeding commenced by such manufactured home park owner or operator, may counterclaim for damages occasioned by such breach.
v.
w. Real property tax payments.
3-a. Any reduction required to be provided pursuant to paragraph one of this subdivision shall be provided as follows:
x.
y.
8.If a manufactured home tenant's tenancy is terminated by the manufactured home park owner or operator during the term of a rent-to-own contract, all rent-to-own payments made during the term of the contract shall be refunded to the manufactured home tenant; if a manufactured home park owner or operator fails to refund such payments, in an eviction proceeding, the court may award the manufactured home renter damages in the amount of the rent-to-own payments which have not been refunded.
9.It is a violation of this section for a manufactured home park owner or operator to make any material misrepresentation, either written or oral, regarding any of the terms of a rent-to-own contract, or to obtain, or attempt to obtain, a waiver from any manufactured home renter of any protection or right provided under this subdivision.
10.
11.The provisions of this section apply to rent-to-own contracts and tenants with rent-to-own contracts.
