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A06755 Summary:

BILL NOA06755C
 
SAME ASSAME AS S06199-C
 
SPONSORBarrett
 
COSPNSRThiele, Kelles, Norris, Woerner, Rivera JD, Wallace, Brabenec, Smith, Giglio JA, Epstein, Meeks, Gandolfo
 
MLTSPNSR
 
Amd §233-b, ren §233-b to be §233-c, RP L
 
Requires manufactured home park owners to provide a written justification for rent increases in excess of three percent of the current rent; provides that increases in costs to justify such rent increase for ordinary maintenance or repair to meet the warranty of habitability obligations must be shown to be necessary.
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A06755 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6755--C
                                                                   R. R. 301
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BARRETT,  THIELE,  KELLES,  NORRIS, WOERNER,
          J. D. RIVERA, WALLACE, BRABENEC, SMITH, J. A. GIGLIO, EPSTEIN,  MEEKS,
          GANDOLFO  --  read  once  and  referred to the Committee on Housing --
          recommitted to the Committee on Housing in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee on Rules -- amended on the special order of third read-
          ing, ordered reprinted as amended, retaining its place on the  special
          order of third reading
 
        AN  ACT to amend the real property law, in relation to increases of rent
          in manufactured home parks
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 233-b of the real property law, as added by section
     2  12 of part O of chapter 36 of the laws of 2019, is amended by adding two
     3  new subdivisions 9 and 10 to read as follows:
     4    9. When a manufactured home park owner notifies the manufactured home-
     5  owners  in  the  park  of  a rent or fee increase and the increase is in
     6  excess of three percent above the current rent,  the  manufactured  home
     7  park  owner  shall provide a written justification for the increase that
     8  complies with this section  and  make  available  to  any  resident,  by
     9  request, documentation that show the costs and commencement of work that
    10  justify the rent increase pursuant to this section, as applicable.
    11    10. In order for an increase in costs to justify a rent increase above
    12  three  percent  pursuant  to  paragraph (a) or (c) of subdivision two of
    13  this section for costs  incurred  for  ordinary  maintenance,  including
    14  preventive maintenance, or repair of the roads, infrastructure, or other
    15  community  property  or  services,  the community owner must demonstrate
    16  that the work performed was necessary  to  meet  the  community  owner's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10118-06-2

        A. 6755--C                          2
 
     1  warranty  of habitability obligations under subdivision m of section two
     2  hundred thirty-three of this article,  and  demonstrate  that  the  rent
     3  increase imposed was no more than was necessary to  cover the actual and
     4  reasonable cost of the work performed.
     5    § 2 Section 233-b of the real property law, as added by chapter 654 of
     6  the laws of 2019, is renumbered section 233-c.
     7    § 3. This act shall take effect immediately.
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