New York § 792 Grounds for the proceeding

New York Statutes

§ 792 — Grounds for the proceeding

New York § 792

Law RPAReal Property Actions & Proceedings

Art. 7-BSpecial Proceeding For the Removal of Abandoned Manufactured Homes

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Bluebook

N.Y. Real Property Actions & Proceedings § 792 (2026).

Text

  § 792. Grounds for the proceeding. A manufactured home park owner or\noperator of such manufactured home park may commence a special\nproceeding to obtain an order of the court granting a declaration that a\nmanufactured home has been abandoned upon proof that:\n  1. The manufactured home has been vacant for a period of not less than\none hundred eighty days without notice to the manufactured home park\nowner or operator, provided however, that such period shall be ninety\ndays in the event that a warrant of eviction with respect to such\nmanufactured home has been issued;\n  2. The manufactured home resident has defaulted in the payment of rent\nfor such period;\n  3. The manufactured home community owner or operator has notified all\nknown holders of liens against such home. Prior to c

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§ 792. Grounds for the proceeding. A manufactured home park owner or\noperator of such manufactured home park may commence a special\nproceeding to obtain an order of the court granting a declaration that a\nmanufactured home has been abandoned upon proof that:\n 1. The manufactured home has been vacant for a period of not less than\none hundred eighty days without notice to the manufactured home park\nowner or operator, provided however, that such period shall be ninety\ndays in the event that a warrant of eviction with respect to such\nmanufactured home has been issued;\n 2. The manufactured home resident has defaulted in the payment of rent\nfor such period;\n 3. The manufactured home community owner or operator has notified all\nknown holders of liens against such home. Prior to commencing a\nproceeding pursuant to this article, the manufactured home community\nowner or operator shall cause a search to be done of:\n (a) for homes constructed (i) on or after July first, nineteen hundred\nninety-four and designated by the manufacturer as a nineteen hundred\nninety-five or later model year, or (ii) on or after January first,\nnineteen hundred ninety-four, for which the manufacturer did not\ndesignate a model year, the title records of the department of motor\nvehicles, or\n (b) for all other homes, filings made under the Uniform Commercial\nCode, to determine whether there are any lien-holders with an existing\ninterest in the manufactured home; and\n 4. At least two of the following factors apply:\n (a) the manufactured home resident has removed substantially all of\nthe personal property from the home;\n (b) utility service to the home has been terminated or disconnected by\nthe utility provider, or the manufactured home resident for at least\nsixty days;\n (c) the home is in a state of substantial disrepair that makes the\nhome uninhabitable; or\n (d) other objective evidence of abandonment that the court finds\nreliable.\n