Requires a manufactured home park owner or operator to give every manufactured home resident a copy of their resident's bill of rights; requires the conspicuous posting of such bill of rights; provides that the resident's bill of rights shall be created and disseminated by the division of housing and community renewal.
STATE OF NEW YORK
________________________________________________________________________
8368
IN SENATE
June 25, 2010
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property law, in relation to requiring a manu-
factured home park owner or operator to give every manufactured home
resident a copy of their resident's bill of rights
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 233 of the real property law, as amended by chap-
2 ter 566 of the laws of 1996, paragraph 6 of subdivision b as amended by
3 chapter 561 of the laws of 2008, paragraph 1 of subdivision f as amended
4 by chapter 48 of the laws of 1998, paragraph 5 of subdivision f as added
5 by chapter 103 of the laws of 1996, subdivision w as amended by section
6 18 of part B of chapter 389 of the laws of 1997, paragraph 3-a of subdi-
7 vision w as added by chapter 405 of the laws of 2001, subdivision x as
8 added by chapter 561 of the laws of 2008, is amended to read as follows:
9 § 233. Manufactured home parks; duties, responsibilities. a. Wherever
10 used in this section:
11 1. The term "manufactured home [tenant] resident" means one who rents
12 space in a manufactured home park from a manufactured home park owner or
13 operator for the purpose of parking his or her manufactured home or one
14 who rents a manufactured home in a manufactured home park from a manu-
15 factured home park owner or operator.
16 2. The term "manufactured home owner" means one who holds title to a
17 manufactured home.
18 3. The term "manufactured home park" means a contiguous parcel of
19 privately owned land which is used for the accommodation of three or
20 more manufactured homes occupied for year-round living.
21 4. The term "manufactured home" means a structure, transportable in
22 one or more sections, which in the traveling mode, is eight body feet or
23 more in width or forty body feet or more in length, or, when erected on
24 site, is three hundred twenty or more square feet, and which is built on
25 a permanent chassis and designed to be used as a dwelling with or with-
26 out a permanent foundation when connected to the required utilities, and
27 includes the plumbing, heating, air-conditioning, and electrical systems
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17870-01-0
S. 8368 2
1 contained therein; except that such term shall include a "mobile home"
2 as defined in paragraph five of this subdivision, and shall include a
3 structure which meets all the requirements of this subdivision except
4 the size requirements and with respect to which the manufacturer volun-
5 tarily files a certification required by the secretary of housing and
6 urban development.
7 5. The term "mobile home" means a moveable or portable unit, manufac-
8 tured prior to January first, nineteen hundred seventy-six, designed and
9 constructed to be towed on its own chassis, comprised of frame and
10 wheels, connected to utilities, and designed and constructed without a
11 permanent foundation for year-round living. A unit may contain parts
12 that may be folded, collapsed or telescoped when being towed and
13 expanded later to provide additional cubic capacity as well as two or
14 more separately towable components designed to be joined into one inte-
15 gral unit capable of being again separated into the components for
16 repeated towing. "Mobile home" shall mean units designed to be used
17 exclusively for residential purposes, excluding travel trailers.
18 6. The term "resident's bill of rights" means a document published and
19 disseminated by the division of housing and community renewal setting
20 forth the provisions of this section.
21 b. A manufactured home park owner or operator may not evict a manufac-
22 tured home [tenant] resident other than for the following reasons:
23 1. The manufactured home [tenant] resident continues in possession of
24 any portion of the premises after the expiration of his or her term
25 without the permission of the manufactured home park owner or operator.
26 2. The manufactured home [tenant] resident has defaulted in the
27 payment of rent, pursuant to the agreement under which the premises are
28 held, and a demand of the rent with at least thirty days notice in writ-
29 ing has been served upon [him] such resident as prescribed in section
30 seven hundred thirty-five of the real property actions and proceedings
31 law. Upon the acceptance of such delinquent rent together with allowable
32 costs, an action instituted for nonpayment of rent shall be terminated.
33 Any person succeeding to the manufactured home park owner or operator's
34 interest in the premises may proceed under this subdivision for rent due
35 [his] the predecessor in interest if he or she has a right thereto.
36 3. The premises, or any part thereof, are used or occupied as a
37 bawdy-house, or house or place of assignation for lewd purposes or for
38 purposes of prostitution, or for any illegal trade or business.
39 4. The manufactured home [tenant] resident is in violation of some
40 federal, state or local law or ordinance which may be deemed detrimental
41 to the safety and welfare of the other persons residing in the manufac-
42 tured home park.
43 5. The manufactured home [tenant] resident or anyone occupying the
44 manufactured home is in violation of any lease term or rule or regu-
45 lation established by the manufactured home park owner or operator
46 pursuant to this section, and has continued in violation for more than
47 ten days after the manufactured home park owner or operator has given
48 written notice of such violation to the manufactured home [tenant] resi-
49 dent setting forth the lease term or rule or regulation violated and
50 directing that the manufactured home [tenant] resident correct or cease
51 violation of such lease term or rule or regulation within ten days from
52 the receipt of said notice. Upon the expiration of such period should
53 the violation continue or should the manufactured home [tenant] resident
54 or anyone occupying the manufactured home be deemed a persistent viola-
55 tor of the lease term or rules and regulations, the park owner or opera-
56 tor may serve written notice upon the manufactured home [tenant] resi-
S. 8368 3
1 dent directing that [he] such resident vacate the premises within thirty
2 days of the receipt of said notice.
3 6. (i) The manufactured home park owner or operator proposes a change
4 in the use of the land comprising the manufactured home park, or a
5 portion thereof, on which the manufactured home is located, from manu-
6 factured home lot rentals to some other use, provided the manufactured
7 home owner is given written notice of the proposed change of use and the
8 manufactured home owner's need to secure other accommodations. Whenever
9 a manufactured home park owner or operator gives a notice of proposed
10 change of use to any manufactured home owner, the manufactured home park
11 owner or operator shall, at the same time, give notice of the proposed
12 change of use to all other manufactured home owners in the manufactured
13 home park who will be required to secure other accommodations as a
14 result of such proposed change of use. Eviction proceedings based on a
15 change in use shall not be commenced prior to six months from the
16 service of notice of proposed change in use or the end of the lease
17 term, whichever is later. Such notice shall be served in the manner
18 prescribed in section seven hundred thirty-five of the real property
19 actions and proceedings law or by certified mail, return receipt
20 requested.
21 (ii) Where a purchaser of a manufactured home park certified that such
22 purchaser did not intend to change the use of the land pursuant to para-
23 graph (b) of subdivision two of section two hundred thirty-three-a of
24 this article, no eviction proceedings based on a change of use shall be
25 commenced until the expiration of sixty months from the date of the
26 closing on the sale of the park.
27 c. If the manufactured home park owner or operator does not have one
28 of the above grounds available, the manufactured home [tenant] resident
29 may raise the same by affirmative defense to an action for eviction.
30 d. The proceedings to evict shall be governed by the procedures set
31 forth in article seven of the real property actions and proceedings law,
32 except for the provisions of subdivision two of section seven hundred
33 forty-nine of the real property actions and proceedings law which shall
34 be superseded by the provisions of this subdivision.
35 1. The officer to whom the warrant is directed and delivered shall
36 give at least ninety days notice, in writing and in the manner
37 prescribed in article seven of the real property actions and proceedings
38 law for the service of notice of petition, to the person or persons to
39 be evicted or dispossessed and shall execute the warrant between the
40 hours of sunrise and sunset.
41 2. The court may order that such warrant be directed and delivered
42 with only thirty days written notice to the person or persons to be
43 evicted or dispossessed if the conditions upon which the eviction is
44 founded pose an imminent threat to the health, safety, or welfare of the
45 other manufactured home [tenants] residents in the manufactured home
46 park.
47 3. The court shall order that such warrant be directed and delivered
48 with thirty days written notice to the person or persons to be evicted
49 or dispossessed if the condition upon which the eviction is founded is
50 that such person is in default in the payment of rent.
51 4. Notwithstanding the provisions of paragraphs one and two of this
52 subdivision, nor of any other general, special or local law, rule or
53 regulation to the contrary, the officer to whom the warrant is directed
54 and delivered shall give seventy-two hours written notice to the person
55 or persons to be evicted or dispossessed, if such person or persons
56 rents a manufactured home in a manufactured home park from a manufac-
S. 8368 4
1 tured home park owner or operator and such officer shall execute such
2 warrant between the hours of sunrise and sunset.
3 e. Leases. 1. The manufactured home park owner or operator shall offer
4 every manufactured home [tenant] resident prior to occupancy, the oppor-
5 tunity to sign a lease for a minimum of one year, which offer shall be
6 made in writing.
7 2. (i) On or before, as appropriate, (a) the first day of October of
8 each calendar year with respect to a manufactured home owner then in
9 good standing who is not currently a party to a written lease with a
10 manufactured home park owner or operator or (b) the ninetieth day next
11 preceding the expiration date of any existing written lease between a
12 manufactured home owner then in good standing and a manufactured home
13 park owner or operator, the manufactured home park owner or operator
14 shall submit to each such manufactured home owner a written offer to
15 lease for a term of at least twelve months from the commencement date
16 thereof unless the manufactured home park owner or operator has previ-
17 ously furnished the manufactured home owner with written notification of
18 a proposed change of use pursuant to paragraph six of subdivision b of
19 this section. Any such offer shall include a copy of the proposed lease
20 containing such terms and conditions, including provisions for rent and
21 other charges, as the manufactured home park owner shall deem appropri-
22 ate; provided such terms and conditions are consistent with all rules
23 and regulations promulgated by the manufactured home park operator prior
24 to the date of the offer and are not otherwise prohibited or limited by
25 applicable law. Such offer shall also contain a statement advising the
26 manufactured home owner that if he or she fails to execute and return
27 the lease to the manufactured home park owner or operator within thirty
28 days after submission of such lease, the manufactured home owner shall
29 be deemed to have declined the offer of a lease and shall not have any
30 right to a lease from the manufactured home park owner or operator for
31 the next succeeding twelve months.
32 (ii) For purposes of this paragraph, a manufactured home owner shall
33 be deemed in good standing if he or she is not in default in the payment
34 of more than one month's rent to the manufactured home park owner, and
35 is not in violation of paragraph three, four or five of subdivision b of
36 this section. No manufactured home park owner or operator shall refuse
37 to provide a written offer to lease based on a default of rent payments
38 or a violation of paragraph three, four or five of subdivision b of this
39 section unless, at least thirty days prior to the last date on which the
40 owner or operator would otherwise be required to provide such written
41 offer to lease, the owner or operator notifies the manufactured home
42 owner, in writing, of the default in rent or the specific grounds
43 constituting the violation and such grounds continues up and until the
44 fifth calendar day immediately preceding the last date on which the
45 written offer would otherwise be required to be made.
46 (iii) For purposes of this paragraph, the commencement date of any
47 lease offered by the manufactured home park owner to the manufactured
48 home owner shall be the ninetieth day after the date upon which the
49 manufactured home park owner shall have provided the offer required
50 pursuant to this paragraph; provided, however, that no such lease shall
51 be effective if, on such commencement date, the manufactured home owner
52 is in default of more than one month's rent. In the event the manufac-
53 tured home owner shall have failed to execute and return said lease to
54 the manufactured home park owner or operator within thirty days after it
55 is submitted to the manufactured home owner as required by subparagraph
S. 8368 5
1 (i) of this paragraph the manufactured home owner shall be deemed to
2 have declined to enter said lease.
3 3. No lease provision shall be inconsistent with any rule or regu-
4 lation in effect at the commencement of the lease.
5 f. Rules and regulations. 1. A manufactured home park owner or opera-
6 tor may promulgate rules and regulations governing the rental or occu-
7 pancy of a manufactured home lot provided such rules and regulations
8 shall not be unreasonable, arbitrary or capricious. A copy of all rules
9 and regulations shall be delivered by the manufactured home park owner
10 or operator to all manufactured home [tenants] residents at the same
11 time such owner or operator initially offers the written lease provided
12 for in subdivision e of this section. A copy of the rules and regu-
13 lations shall be posted in a conspicuous place upon the manufactured
14 home park grounds.
15 2. If a rule or regulation is not applied uniformly to all manufac-
16 tured home [tenants] residents of the manufactured home park there shall
17 be a rebuttable presumption that such rule or regulation is unreason-
18 able, arbitrary and capricious, provided, however, that an inconsistency
19 between a rule or regulation and a lease term contained in a lease
20 signed before the date the rule or regulation is effective shall not
21 raise a rebuttable presumption that such rule is unreasonable, arbitrary
22 or capricious.
23 3. Any rule or regulation which does not conform to the requirements
24 of this section or which has not been supplied or posted as required by
25 paragraph one of this subdivision shall be unenforceable and may be
26 raised by the manufactured home [tenant] resident as an affirmative
27 defense in any action to evict on the basis of a violation of such rule
28 or regulation.
29 4. No rules or regulations may be changed by the manufactured home
30 park owner or operator without specifying the date of implementation of
31 said changed rules and regulations, which date shall be no fewer than
32 thirty days after written notice to all [tenants] residents.
33 5. A [mobile] manufactured home park owner or operator may not prohib-
34 it the placement of a for sale sign on any [mobile] manufactured home. A
35 rule or regulation may be promulgated limiting the maximum size of such
36 sign; provided, that it does not prohibit signs the size of which do not
37 exceed the smaller of three feet by two feet or the maximum size allowed
38 by law or governmental regulation or ordinance, if any.
39 g. 1. No [tenant] resident shall be charged a fee for other than rent,
40 utilities and charges for facilities and services available to the
41 [tenant] resident. All fees, charges or assessments must be reasonably
42 related to services actually rendered.
43 2. A manufactured home park owner or operator shall be required to
44 fully disclose in writing all fees, charges, assessments, including
45 rental fees, rules and regulations prior to a manufactured home [tenant]
46 resident assuming occupancy in the manufactured home park.
47 3. No fees, charges, assessments or rental fees may be increased by
48 manufactured home park owner or operator without specifying the date of
49 implementation of said fees, charges, assessments or rental fees which
50 date shall be no less than ninety days after written notice to all manu-
51 factured home [tenants] residents. Failure on the part of the manufac-
52 tured home park owner or operator to fully disclose all fees, charges or
53 assessments shall prevent the manufactured home park owner or operator
54 from collecting said fees, charges or assessments, and refusal by the
55 manufactured home [tenant] resident to pay any undisclosed charges shall
S. 8368 6
1 not be used by the manufactured home park owner or operator as a cause
2 for eviction in any court of law.
3 4. (a) Whenever money shall be deposited or advanced on a contract or
4 license agreement for the use or rental of premises and the manufactured
5 home, if rented, in a manufactured home park as security for performance
6 of the contract or agreement or to be applied to payments upon such
7 contract or agreement when due, such money with interest accruing there-
8 on, if any, until repaid or so applied, shall continue to be the money
9 of the person making such deposit or advance and shall be a trust fund
10 in the possession of the person with whom such deposit or advance shall
11 be made and shall not be mingled with other funds or become an asset of
12 the park owner, operator or his or her agent.
13 (b) Whenever the person receiving money so deposited or advanced shall
14 deposit such money in a banking organization, such person shall thereup-
15 on notify in writing each of the persons making such security deposit or
16 advance, giving the name and address of the banking organization in
17 which the deposit of security money is made, and the amount of such
18 deposit. Deposits in a banking organization pursuant to the provisions
19 of this subdivision shall be made in a banking organization having a
20 place of business within the state. If the person depositing such secu-
21 rity money in a banking organization shall deposit same in an interest
22 bearing account, he or she shall be entitled to receive, as adminis-
23 tration expenses, a sum equivalent to one percent per annum upon the
24 security money so deposited, which shall be in lieu of all other admin-
25 istrative and custodial expenses. The balances of the interest paid by
26 the banking organization shall be the money of the person making the
27 deposit or advance and shall either be held in trust by the person with
28 whom such deposit or advance shall be made, until repaid or applied for
29 the use or rental of the leased premises, or annually paid to the person
30 making the deposit of security money.
31 (c) Whenever the money so deposited or advanced is for the rental of a
32 manufactured home park lot on property on which are located six or more
33 manufactured home park lots, the person receiving such money shall,
34 subject to the provisions of this section, deposit it in an interest
35 bearing account in a banking organization within the state which account
36 shall earn interest at a rate which shall be the prevailing rate earned
37 by other such deposits made with the banking organizations in such area.
38 (d) In the event that a lease terminates other than at the time that a
39 banking organization in such area regularly pays interest, the person
40 depositing such security money shall pay over to his or her manufactured
41 home [tenant] resident such interest as he or she is able to collect at
42 the date of such lease termination.
43 (e) Any provision of such a contract or agreement whereby a person who
44 so deposits or advances money waives any provision of this subdivision
45 is void.
46 h. No manufactured home park owner shall:
47 1. Require a manufactured home [tenant] resident therein to purchase
48 from said manufactured home park owner or operator skirting or equipment
49 for tying down manufactured homes, or any other equipment. However, the
50 manufactured home park owner or operator may determine by rule or regu-
51 lation the style or quality of such equipment to be purchased by the
52 manufactured home [tenant] resident from the vendor of the manufactured
53 home [tenant's] resident's choosing, providing such equipment is readily
54 available.
55 2. Charge any manufactured home [tenant] resident who chooses to
56 install an electric or gas appliance in his or her manufactured home an
S. 8368 7
1 additional fee solely on the basis of such installation unless such
2 installation is performed by the manufactured home park owner or opera-
3 tor at the request of the manufactured home [tenant] resident, nor shall
4 the manufactured home park owner or operator restrict the installation,
5 service or maintenance of any such appliance, restrict the ingress or
6 egress of repairers to enter the manufactured home park for the purpose
7 of installation, service or maintenance of any such appliance, or
8 restrict the making of any interior improvement in such manufactured
9 home, so long as such an installation or improvement is in compliance
10 with applicable building codes and other provisions of law and further
11 provided that adequate utilities are available for such installation or
12 improvement.
13 3. Require, by contract, rule, regulation or otherwise, a manufactured
14 home dweller to purchase from the manufactured home park owner or any
15 person acting directly or indirectly on behalf of the park owner,
16 commodities or services incidental to placement or rental within such
17 park; nor shall the park owner restrict access to the manufactured home
18 park to any person employed, retained or requested by the manufactured
19 home dweller to provide such commodity or service, unless the manufac-
20 tured home park owner establishes that such requirement or restriction
21 is necessary to protect the property of such park owner from substantial
22 harm or impairment.
23 4. Require a manufactured home owner or a prospective manufactured
24 home owner to purchase his or her manufactured home from the manufac-
25 tured home park owner or operator, or from any person or persons desig-
26 nated by the manufactured home park owner or operator. Nothing herein
27 shall be construed to prevent a manufactured home park owner or operator
28 from requiring that any new manufactured home to be installed in his or
29 her manufactured home park comply with the rules and regulations of said
30 manufactured home park or conform to the physical facilities then exist-
31 ing for installation of a manufactured home in said manufactured home
32 park.
33 i. 1. No manufactured home park owner or operator shall deny any manu-
34 factured home [tenant] resident the right to sell his or her manufac-
35 tured home within the manufactured home park provided the manufactured
36 home [tenant] resident shall give to the manufactured home park owner or
37 operator twenty days' written notice of his or her intention to sell,
38 provided that if the manufactured home owner is deceased no such notice
39 shall be required from the administrator or executor of the home owner's
40 estate, and provided further that no manufactured home park owner or
41 operator shall restrict access to the manufactured home park to any
42 potential purchaser or representatives of any seller unless the manufac-
43 tured home park owner establishes that such restriction is necessary to
44 protect the property of such park owner or operator from substantial
45 harm or impairment. No manufactured home park owner or operator shall
46 require the manufactured home owner or subsequent purchaser to remove
47 the manufactured home from the manufactured home park solely on the
48 basis of the sale thereof. The manufactured home park owner or operator
49 may reserve the right to approve the purchaser of said manufactured home
50 as a manufactured home [tenant] resident for the remainder of the sell-
51 er's or deceased [tenant's] resident's term but such permission may not
52 be unreasonably withheld. If the manufactured home park owner or opera-
53 tor unreasonably withholds his or her permission or unreasonably
54 restricts access to the manufactured home park, the manufactured home
55 [tenant] resident or the executor or administrator of a deceased
56 [tenant's] resident's estate may recover the costs of the proceedings
S. 8368 8
1 and attorneys' fees if it is found that the manufactured home park owner
2 or operator acted in bad faith by withholding permission or restricting
3 access.
4 2. The manufactured home park owner or operator shall not exact a
5 commission or fee with respect to the price realized by the seller
6 unless the manufactured home park owner or operator has acted as agent
7 for the manufactured home owner in the sale pursuant to a written
8 contract.
9 3. If the ownership or management rejects a purchaser as a prospective
10 [tenant] resident, the selling [tenant] resident must be informed in
11 writing of the reasons therefor.
12 j. The owner or operator of a manufactured home park may enter a manu-
13 factured home owner's manufactured home without the prior consent of the
14 occupant only in case of emergency. The owner or operator of a manufac-
15 tured home park may enter a manufactured home [tenant's] resident's
16 manufactured home during reasonable hours on reasonable notice.
17 k. The owner or operator shall provide reasonable notice where practi-
18 cable to all manufactured home [tenants] residents who would be affected
19 by any planned disruption of necessary services caused by the owner,
20 operator or his or her agent.
21 l. The park owner shall designate an agent on the premises or in close
22 proximity to the manufactured home park to insure the availability of
23 emergency response actions in matters affecting the health, safety,
24 well-being and welfare of manufactured home [tenants] residents in the
25 park. The designated agent's name, address and telephone number shall be
26 posted in a conspicuous location in the park, given in writing to each
27 [tenant] resident and registered with appropriate county law enforcement
28 and health officials and local fire officials.
29 m. Warranty of habitability, maintenance, disruption of services. In
30 every written or oral lease or rental agreement entered into by a manu-
31 factured home [tenant] resident, the manufactured home park owner or
32 operator shall be deemed to covenant and warrant that the premises so
33 leased or rented and the manufactured home if rented and all areas used
34 in connection therewith in common with other manufactured home [tenants
35 or] residents including all roads within the manufactured home park are
36 fit for human habitation and for the uses reasonably intended by the
37 parties and that the occupants of such premises and such manufactured
38 homes if rented shall not be subjected to any conditions which would be
39 dangerous, hazardous or detrimental to their life, health or safety.
40 When any such condition has been caused by the misconduct of the manu-
41 factured home [tenant] resident or lessee or persons under his or her
42 direction or control, it shall not constitute a breach of such covenants
43 and warranties. The rights and obligations of the manufactured home park
44 owner or operator and the manufactured home [tenant] resident shall be
45 governed by the provisions of this subdivision and subdivisions two and
46 three of section two hundred thirty-five-b of this article.
47 n. 1. No manufactured home park owner or operator shall serve a notice
48 to quit upon any manufactured home [tenant] resident or commence any
49 action to recover real property or summary proceeding to recover
50 possession of real property in retaliation for:
51 (a) A good faith complaint, by or in behalf of the [tenant] resident,
52 to a governmental authority of the manufactured home park owner's or
53 operator's alleged violation of any health or safety law, regulation,
54 code, or ordinance, or any law or regulation which has as its objective
55 the regulation of premises used for dwelling purposes; or
S. 8368 9
1 (b) Actions taken in good faith, by or in behalf of the manufactured
2 home [tenant] resident, to secure or enforce any rights under the lease
3 or rental agreement, under subdivision m of this section and subdivi-
4 sions two and three of section two hundred thirty-five-b of this arti-
5 cle, or under any other local law, law of the state of New York, or of
6 its governmental subdivisions, or of the United States which has as its
7 objective the regulation of premises used for dwelling purposes; or
8 (c) The manufactured home [tenant's] resident's participation in the
9 activities of a [tenant's] resident's organization.
10 2. No manufactured home park owner or operator shall substantially
11 alter the terms of the tenancy in retaliation for any actions set forth
12 in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
13 Substantial alteration shall include, but is not limited to, the refusal
14 to continue a tenancy of the manufactured home [tenant] resident or,
15 upon expiration of the manufactured home owner's lease, to renew the
16 lease or offer a new lease; provided, however, that a manufactured home
17 park owner or operator shall not be required under this subdivision to
18 offer a manufactured home owner a new lease or a lease renewal for a
19 term greater than one year.
20 3. This subdivision shall apply to all manufactured home parks with
21 four or more manufactured homes. However, its provisions shall not be
22 given effect in any case in which it is established that the condition
23 from which the complaint or action arose was caused by the manufactured
24 home [tenant] resident, a member of the manufactured home [tenant's]
25 resident's household, or a guest of the manufactured home [tenant] resi-
26 dent. Nor shall it apply in a case where a tenancy was terminated
27 pursuant to the terms of a lease as a result of a bona fide transfer of
28 ownership. The rights and obligations of the manufactured home park
29 owner or operator and the manufactured home [tenant] resident shall be
30 governed by the provisions of this subdivision and subdivisions three,
31 four and five of section two hundred twenty-three-b of this article.
32 o. Whenever a lease shall provide that in any action or summary
33 proceeding the manufactured home park owner or operator may recover
34 attorney's fees and/or expenses incurred as the result of the failure of
35 the [tenant] resident to perform any covenant or agreement contained in
36 such lease, or that amounts paid by the manufactured home park owner or
37 operator therefor shall be paid by the [tenant] resident as additional
38 rent, there shall be implied in such lease a covenant by the manufac-
39 tured home park owner or operator, to pay to the [tenant] resident the
40 reasonable attorney's fees and/or expenses incurred by the [tenant]
41 resident to the same extent as is provided in section two hundred thir-
42 ty-four of this article which section shall apply in its entirety.
43 p. Any manufactured home park owner or operator who has agreed to
44 provide hot or cold water, heat, light, power, or any other service or
45 facility to any occupant of the manufactured home park who willfully or
46 intentionally without just cause fails to furnish such water, heat,
47 light, power, or other service or facility, or who interferes with the
48 quiet enjoyment of the leased premises, is guilty of a violation.
49 q. Upon receipt of rent, fees, charges or other assessments, in the
50 form of cash or any instrument other than the personal check of the
51 [tenant] resident, it shall be the duty of the manufactured home park
52 owner or operator to provide the payor with a written receipt containing
53 the following:
54 1. the date;
55 2. the amount;
56 3. the identity of the premises and the period for which paid;
S. 8368 10
1 4. the signature and title of the person receiving rent.
2 r. [Limitation on late charges.] A late charge on any rental payment
3 by a manufactured home owner which has become due and remains unpaid
4 shall not exceed and shall be enforced to the extent of five percent of
5 such delinquent payment; provided, however, that no charge shall be
6 imposed on any rental payment by a manufactured home owner received
7 within ten days after the due date. In the absence of a specific
8 provision in the lease or the manufactured home park's rules and regu-
9 lations, no late charge on any delinquent rental payment shall be
10 assessed or collected.
11 s. It shall be a violation for a manufactured home park owner, opera-
12 tor or his or her agent to restrict occupancy of a manufactured home or
13 manufactured home park lot intended for residential purposes by express
14 lease terms or otherwise, to a manufactured home [tenant] resident or
15 [tenants] residents or to such [tenants] residents and immediate family.
16 Any such restriction in a lease or rental agreement entered into or
17 renewed before or after the effective date of this subdivision shall be
18 unenforceable as against public policy. The rights and obligations of a
19 manufactured home park owner or operator and the manufactured home
20 [tenant] resident shall be governed by the provisions of this subdivi-
21 sion and subdivisions one, three, four, five, six, seven, eight and nine
22 of section two hundred thirty-five-f of this article.
23 t. 1. Unless a greater right to assign is conferred by the lease, a
24 manufactured home [tenant] resident may not assign his or her lease
25 without the written consent of the manufactured home park owner or oper-
26 ator, which consent may be unconditionally withheld without cause
27 provided that the manufactured home park owner or operator shall release
28 the manufactured home [tenant] resident from the lease upon request of
29 the mobile home [tenant] resident upon thirty days notice if the manu-
30 factured home park owner or operator unreasonably withholds consent
31 which release shall be the sole remedy of the [tenant] resident. If the
32 owner reasonably withholds consent, there shall be no assignment and the
33 manufactured home [tenant] resident shall not be released from the
34 lease.
35 2. (a) A manufactured home [tenant] resident renting space or a manu-
36 factured home in a manufactured home park with four or more manufactured
37 homes pursuant to an existing lease shall have a right to sublease his
38 or her premises subject to the written consent of the park owner in
39 advance of the subletting. Such consent shall not be unreasonably with-
40 held.
41 (b) The manufactured home [tenant] resident shall inform the manufac-
42 tured home park owner or operator of his or her intent to sublease by
43 mailing a notice of such intent by certified mail, return receipt
44 requested. Such request shall be accompanied by the following informa-
45 tion: (i) the term of the sublease, (ii) the name of the proposed
46 sublessee, (iii) the business and permanent home address of the proposed
47 sublessee, (iv) the [tenant's] resident's reason for subletting, (v) the
48 [tenant's] resident's address for the term of the sublease, (vi) the
49 written consent of any [co-tenant] co-resident or guarantor of the
50 lease, and (vii) a copy of the proposed sublease, to which a copy of the
51 manufactured home [tenant's] resident's lease shall be attached if
52 available, acknowledged by the manufactured home [tenant] resident and
53 proposed [subtenant] subresident as being a true copy of such sublease.
54 (c) Within ten days after the mailing of such request, the manufac-
55 tured home park owner or operator may ask the manufactured home [tenant]
56 resident for additional information as will enable the manufactured home
S. 8368 11
1 park owner or operator to determine if rejection of such request shall
2 be unreasonable. Any such request for additional information shall not
3 be unduly burdensome. Within thirty days after the mailing of the
4 request for consent, or of the additional information reasonably asked
5 for by the manufactured home park owner or operator, whichever is later,
6 the manufactured home park owner or operator shall send a notice to the
7 manufactured home [tenant] resident of his or her consent or, if he or
8 she does not consent, his or her reasons therefor. Manufactured home
9 park owner's or operator's failure to send such a notice shall be deemed
10 to be a consent to the proposed subletting. If the manufactured home
11 park owner or operator consents, the premises may be sublet in accord-
12 ance with the request, but the manufactured home [tenant] resident ther-
13 eunder, shall nevertheless remain liable for the performance of manufac-
14 tured home [tenant's] resident's obligations under said lease. If the
15 manufactured home park owner or operator reasonably withholds consent,
16 there shall be no subletting and the manufactured home [tenant] resident
17 shall not be released from the lease. If the manufactured home park
18 owner or operator unreasonably withholds consent, the manufactured home
19 [tenant] resident may sublet in accordance with the request and may
20 recover the costs of the proceeding and attorneys fees if it is found
21 that the manufactured home park owner or operator acted in bad faith by
22 withholding consent. The rights and obligations of the manufactured home
23 park owner or operator and the manufactured home [tenant] resident shall
24 be governed by the provisions of this subdivision and subdivisions
25 three, five, six, seven and eight of section two hundred twenty-six-b of
26 this article.
27 u. In the event of a breach by a manufactured home park owner or oper-
28 ator of any of the requirements of this section, the manufactured home
29 [tenant] resident may commence an action for damages actually incurred
30 as a result of such breach, or in an action or summary proceeding
31 commenced by such manufactured home park owner or operator, may counter-
32 claim for damages occasioned by such breach.
33 v. On and after April first, nineteen hundred eighty-nine, the commis-
34 sioner of housing and community renewal shall have the power and duty to
35 enforce and ensure compliance with the provisions of this section.
36 However, the commissioner shall not have the power or duty to enforce
37 manufactured home park rules and regulations established under subdivi-
38 sion f of this section. On or before January first, nineteen hundred
39 eighty-nine, each manufactured home park owner or operator shall file a
40 registration statement with the commissioner and shall thereafter file
41 an annual registration statement on or before January first of each
42 succeeding year. The commissioner, by regulation, shall provide that
43 such registration statement shall include only the names of all persons
44 owning an interest in the park, the names of all [tenants] residents of
45 the park, all services provided by the park owner to the [tenants] resi-
46 dents and a copy of all current manufactured home park rules and regu-
47 lations. Whenever there shall be a violation of this section, an appli-
48 cation may be made by the commissioner of housing and community renewal
49 in the name of the people of the state of New York to a court or justice
50 having jurisdiction by a special proceeding to issue an injunction, and
51 upon notice to the defendant of not less than five days, to enjoin and
52 restrain the continuance of such violation; and if it shall appear to
53 the satisfaction of the court or justice that the defendant has, in
54 fact, violated this section, an injunction may be issued by such court
55 or justice, enjoining and restraining any further violation and with
56 respect to this subdivision, directing the filing of a registration
S. 8368 12
1 statement. In any such proceeding, the court may make allowances to the
2 commissioner of housing and community renewal of a sum not exceeding two
3 thousand dollars against each defendant, and direct restitution. When-
4 ever the court shall determine that a violation of this section has
5 occurred, the court may impose a civil penalty of not more than one
6 thousand five hundred dollars for each violation. Such penalty shall be
7 deposited in the manufactured home cooperative fund, created pursuant to
8 section fifty-nine-h of the private housing finance law. In connection
9 with any such proposed application, the commissioner of housing and
10 community renewal is authorized to take proof and make a determination
11 of the relevant facts and to issue subpoenas in accordance with the
12 civil practice law and rules. The provisions of this subdivision shall
13 not impair the rights granted under subdivision u of this section.
14 w. [Real property tax payments.] 1. A manufactured home park owner,
15 operator or the agent of such owner or operator shall reduce the annual
16 rent paid by a manufactured home [tenant] resident for use of the land
17 upon which such manufactured home sits in an amount equal to the total
18 of the real property taxes actually paid by such manufactured home
19 [tenant] resident for such manufactured home plus the amount by which
20 the taxes on such manufactured home were reduced as a result of the
21 partial real property tax exemption granted to the manufactured home
22 [tenant] resident pursuant to article four of the real property tax law,
23 provided such manufactured home [tenant] resident:
24 (a) owns a manufactured home which is separately assessed, subject to
25 the provisions of paragraph two of this subdivision;
26 (b) is entitled to and actually receives a partial real property tax
27 exemption pursuant to article four of the real property tax law; and
28 (c) pays the real property taxes due on such home.
29 2. In the case of a manufactured home which is not separately
30 assessed, but which is entitled to and actually receives the school tax
31 relief (STAR) exemption authorized by section four hundred twenty-five
32 of the real property tax law, the [tenant] resident of such manufactured
33 home shall be entitled to a rent reduction pursuant to this subdivision
34 to the same extent as a [tenant] resident of a manufactured home which
35 satisfies the criteria set forth in paragraph one of this subdivision.
36 Such rent reduction shall be equal to the amount by which the taxes on
37 such manufactured home were reduced as a result of such exemption.
38 3. A manufactured home park owner or operator providing a reduction in
39 rent as required by paragraph one or two of this subdivision may retain,
40 in consideration for record keeping expenses, two percent of the amount
41 of such reduction.
42 3-a. Any reduction required to be provided pursuant to paragraph one
43 or two of this subdivision shall be provided as follows:
44 (a) a reduction in monthly rent (prorating the reduction in twelve
45 parts) shall take effect upon the first monthly rental payment due sixty
46 days after the last date for the payment of real property taxes with no
47 penalty or interest for lateness and shall be extended to the next elev-
48 en monthly payments thereafter; or
49 (b) with the consent of the manufactured home park owner, operator, or
50 agent of such owner or operator, a reduction in rent may be offset in
51 the entire amount of such reduction against the first monthly rental
52 payment due sixty days after the last date for the payment of real prop-
53 erty taxes with no penalty or interest for lateness, and the balance
54 thereof, if any, may be offset against the monthly rental payments for
55 succeeding months, until exhausted; or
S. 8368 13
1 (c) at the election of the manufactured home park owner, operator, or
2 agent of such owner or operator, the total amount of such reduction in
3 rent may be paid to the [tenant] resident no later than sixty days after
4 the last date for the payment of real property taxes with no penalty or
5 interest for lateness.
6 4. The failure of a manufactured home park owner or operator to comply
7 with the provisions of this subdivision shall be a violation punishable
8 by a fine not to exceed five hundred dollars for each violation.
9 x. 1. Rent and other fees, charges and assessments may not be
10 increased by a manufactured home park owner or operator more than once
11 in any year.
12 2. Notwithstanding the provisions of paragraph one of this subdivi-
13 sion, if a fee, charge, or assessment in effect at the commencement of a
14 lease or tenancy is for goods or services provided by a party unrelated
15 to and not controlled by the manufactured home park owner or operator,
16 the manufactured home park owner or operator may, upon the notice
17 required in this section, provide for the pass-along to the manufactured
18 home tenant of any increases in such fee, charge or assessment.
19 3. Any agreement modifying any of the rights set forth in this subdi-
20 vision shall be void as contrary to public policy.
21 y. A manufactured home park owner or operator shall offer every manu-
22 factured home resident prior to occupancy a written copy of the resi-
23 dent's bill of rights. The resident's bill of rights shall be created
24 and disseminated by the division of housing and community renewal. A
25 copy of the resident's bill of rights shall be posted in a conspicuous
26 place upon the manufactured home park grounds.
27 § 2. This act shall take effect on the one hundred twentieth day after
28 it shall have become a law; provided, however, that effective immediate-
29 ly, the addition, amendment and/or repeal of any rule or regulation
30 necessary for the implementation of this act on its effective date are
31 authorized and directed to be made and completed on or before such
32 effective date.
