This text of New York § 795 (Judgment and warrant) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 795. Judgment and warrant.
1.Upon the issuance of a declaration\nthat a manufactured home has been abandoned pursuant to this article,\nand upon motion of the manufactured home park owner or operator, the\ncourt shall issue a warrant directed to the sheriff of the county or to\nany constable or marshal of the city in which the property, or a portion\nthereof, is situated, or if it is not situated in a city, to any\nconstable of any town in the county, describing the manufactured home\nand commanding the officer to remove the home from the manufactured home\npark within thirty days of delivery of the warrant. The actual cost of\nremoving and subsequent destruction of the home shall be a charge\nagainst the manufactured home park owner or operator.\n 2. The warrant shall clearly recite
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§ 795. Judgment and warrant. 1. Upon the issuance of a declaration\nthat a manufactured home has been abandoned pursuant to this article,\nand upon motion of the manufactured home park owner or operator, the\ncourt shall issue a warrant directed to the sheriff of the county or to\nany constable or marshal of the city in which the property, or a portion\nthereof, is situated, or if it is not situated in a city, to any\nconstable of any town in the county, describing the manufactured home\nand commanding the officer to remove the home from the manufactured home\npark within thirty days of delivery of the warrant. The actual cost of\nremoving and subsequent destruction of the home shall be a charge\nagainst the manufactured home park owner or operator.\n 2. The warrant shall clearly recite that a declaration of abandonment\nhas been granted and that the home will be removed from the manufactured\nhome park no later than the thirtieth day after the delivery of the\norder.\n 3. In lieu of ordering the sheriff to remove the home, the court may,\nupon good cause shown, provide for an alternate disposition of the home,\nincluding, but not limited to destruction; provided, however, that if\nthe court provides for the sale of the home, and the sale price exceeds\nany amounts owed to the manufactured home park owner or operator, the\nexcess shall be held in escrow for the benefit of the home owner. This\nsubdivision shall not be construed to require the manufactured home park\nowner or operator to post a bond to secure the homeowner's equity in the\nhome nor shall it be construed to require the manufactured home park\nowner or operator to store the home on the premises of the manufactured\nhome park.\n 4. To the extent that any household goods or other personal property\nof the respondent remain in the home at the time of its disposition\nhereunder, the manufactured home community owner or operator shall\nprovide for the storage of such household goods and personal property\nfor a period of not less than three months from the date of the final\norder of the court providing for the disposition of the home. In the\nevent that the household goods or other personal property are stored in\na self-storage facility, an amount equal to the charges imposed for such\nstorage may be recovered from the respondent. Upon the expiration of\nsuch period, the community owner or operator (a) shall have no further\nliability for the storage or safekeeping of such household goods or\npersonal property, and (b) may provide for the destruction or other\ndisposition of such household goods or personal property.\n