§ 233 — Manufactured home parks; duties, responsibilities

New York § 233

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

§ 233. Manufactured home parks; duties, responsibilities. a. Wherever\nused in this section:\n 1. The term "manufactured home tenant" means one who rents space in a\nmanufactured home park from a manufactured home park owner or operator\nfor the purpose of parking his manufactured home or one who rents a\nmanufactured home in a manufactured home park from a manufactured home\npark owner or operator.\n 2. The term "manufactured home owner" means one who holds title to a\nmanufactured home.\n 3. The term "manufactured home park" means a contiguous parcel of\nprivately owned land which is used for the accommodation of three or\nmore manufactured homes occupied for year-round living.\n 4. The term "manufactured home" means a structure, transportable in\none or more sections, which in the traveling mode, is eight body feet or\nmore in width or forty body feet or more in length, or, when erected on\nsite, is three hundred twenty or more square feet, and which is built on\na permanent chassis and designed to be used as a dwelling with or\nwithout a permanent foundation when connected to the required utilities,\nand includes the plumbing, heating, air-conditioning, and electrical\nsystems contained therein; except that such term shall include a "mobile\nhome" as defined in paragraph five, and shall include a structure which\nmeets all the requirements of this subdivision except the size\nrequirements and with respect to which the manufacturer voluntarily\nfiles a certification required by the secretary of housing and urban\ndevelopment.\n 5. The term "mobile home" means a moveable or portable unit,\nmanufactured prior to January first, nineteen hundred seventy-six,\ndesigned and constructed to be towed on its own chassis, comprised of\nframe and wheels, connected to utilities, and designed and constructed\nwithout a permanent foundation for year-round living. A unit may contain\nparts that may be folded, collapsed or telescoped when being towed and\nexpanded later to provide additional cubic capacity as well as two or\nmore separately towable components designed to be joined into one\nintegral unit capable of being again separated into the components for\nrepeated towing. "Mobile home" shall mean units designed to be used\nexclusively for residential purposes, excluding travel trailers.\n 6. The term "rent-to-own contract" shall mean any agreement between a\nmanufactured home park owner or operator and a manufactured home renter\nwhich provides that after a specified term or other contingency the\nmanufactured home renter will take ownership of the rented home.\n 7. The term "rent-to-own payment" shall mean any payment or payments\nmade by a manufactured home renter pursuant to a rent-to-own contract\nwhich are in addition to rental payments for the rented site and the\nrented home.\n b. A manufactured home park owner or operator may not evict a\nmanufactured home tenant other than for the following reasons:\n 2. The manufactured home tenant has defaulted in the payment of rent,\npursuant to the agreement under which the premises are held, and a\ndemand of the rent with at least thirty days notice in writing has been\nserved upon him as prescribed in section seven hundred thirty-five of\nthe real property actions and proceedings law. Upon the acceptance of\nsuch delinquent rent together with allowable costs, an action instituted\nfor nonpayment of rent shall be terminated. Any person succeeding to the\nmanufactured home park owner or operator's interest in the premises may\nproceed under this subdivision for rent due his predecessor in interest\nif he has a right thereto.\n 3. The premises, or any part thereof, are used or occupied as a\nbawdy-house, or house or place of assignation for lewd purposes or for\npurposes of prostitution, or for any illegal trade or business.\n 4. The manufactured home tenant is in violation of some federal, state\nor local law or ordinance which may be deemed detrimental to the safety\nand welfare of the other persons residing in the manufactured home park.\n 5. The manufactured home tenant or anyone occupying the manufactured\nhome is in violation of any lease term or rule or regulation established\nby the manufactured home park owner or operator pursuant to this\nsection, and has continued in violation for more than ten days after the\nmanufactured home park owner or operator has given written notice of\nsuch violation to the manufactured home tenant setting forth the lease\nterm or rule or regulation violated and directing that the manufactured\nhome tenant correct or cease violation of such lease term or rule or\nregulation within ten days from the receipt of said notice. Upon the\nexpiration of such period should the violation continue or should the\nmanufactured home tenant or anyone occupying the manufactured home be\ndeemed a persistent violator of the lease term or rules and regulations,\nthe park owner or operator may serve written notice upon the\nmanufactured home tenant directing that he vacate the premises within\nthirty days of the receipt of said notice.\n 6. (i) The manufactured home park owner or operator proposes a change\nin the use of the land comprising the manufactured home park, or a\nportion thereof, on which the manufactured home is located, from\nmanufactured home lot rentals to some other use, provided the\nmanufactured home owner is given written notice of the proposed change\nof use and the manufactured home owner's need to secure other\naccommodations. Whenever a manufactured home park owner or operator\ngives a notice of proposed change of use to any manufactured home owner,\nthe manufactured home park owner or operator shall, at the same time,\ngive notice of the proposed change of use to all other manufactured home\nowners or tenants in the manufactured home park who will be required to\nsecure other accommodations as a result of such proposed change of use.\nEviction proceedings based on a change in use shall not be commenced\nprior to two years from the service of notice of proposed change in use.\nSuch notice shall be served in the manner prescribed in section seven\nhundred thirty-five of the real property actions and proceedings law or\nby certified mail, return receipt requested.\n (ii) Where a purchaser of a manufactured home park certified that such\npurchaser did not intend to change the use of the land pursuant to\nparagraph (b) of subdivision two of section two hundred thirty-three-a\nof this article, no eviction proceedings based on a change of use shall\nbe commenced until the expiration of sixty months from the date of the\nclosing on the sale of the park.\n (iii) (A) The manufactured home park owner or operator shall provide\nthe manufactured home owner a stipend of up to fifteen thousand dollars\nper manufactured home owner, pursuant to a court order. A warrant for\neviction cannot be executed until the stipend has been paid to the\nmanufactured home owner being evicted.\n (B) The court shall calculate the stipend based upon consideration of\nthe following factors:\n (1) The cost of relocation of the manufactured home;\n (2) The number of manufactured homes in the same park that would be\nreceiving a stipend;\n (3) The amount the real property is being purchased for;\n (4) The value of the real property the manufactured home is located\non;\n (5) The value of the development rights attached to real property\nparcel the manufactured home is located on; and\n (6) Any other factors the court determines are relevant in each case.\n (C) In the event the manufactured home owner is not removed and the\neviction proceeding is terminated the manufactured home owner shall\nreturn the stipend to the park owner. The weight to be afforded to each\nof the various factors is within the discretion of the trial court.\n c. If the manufactured home park owner or operator does not have one\nof the above grounds available, the manufactured home tenant may raise\nthe same by affirmative defense to an action for eviction.\n d. The proceedings to evict shall be governed by the procedures set\nforth in article seven of the real property actions and proceedings law,\nexcept for the provisions of subdivision two of section seven hundred\nforty-nine of the real property actions and proceedings law which shall\nbe superseded by the provisions of this subdivision.\n 1. The officer to whom the warrant is directed and delivered shall\ngive at least ninety days notice, in writing and in the manner\nprescribed in article seven of the real property actions and proceedings\nlaw for the service of notice of petition, to the person or persons to\nbe evicted or dispossessed and shall execute the warrant between the\nhours of sunrise and sunset.\n 2. The court may order that such warrant be directed and delivered\nwith only thirty days written notice to the person or persons to be\nevicted or dispossessed if the conditions upon which the eviction is\nfounded pose an imminent threat to the health, safety, or welfare of the\nother manufactured home tenants in the manufactured home park.\n 3. The court shall order that such warrant be directed and delivered\nwith thirty days written notice to the person or persons to be evicted\nor dispossessed if the condition upon which the eviction is founded is\nthat such person is in default in the payment of rent.\n 4. Notwithstanding the provisions of paragraphs one and two of this\nsubdivision, nor of any other general, special or local law, rule or\nregulation to the contrary, the officer to whom the warrant is directed\nand delivered shall give seventy-two hours written notice to the person\nor persons to be evicted or dispossessed, if such person or persons\nrents a manufactured home in a manufactured home park from a\nmanufactured home park owner or operator and such officer shall execute\nsuch warrant between the hours of sunrise and sunset.\n e. Leases. 1. The manufactured home park owner or operator shall offer\nevery manufactured home tenant prior to occupancy, the opportunity to\nsign a lease for a minimum of one year, which offer shall be made in\nwriting. All lease offers, including initial and renewal leases, shall\ninclude a rider regarding tenant rights. Such rider shall be in a form\napproved or promulgated by the commissioner of housing and community\nrenewal and which shall be made available to manufactured home park\nowners and operators.\n 2. (i) On or before, as appropriate, (a) the first day of October of\neach calendar year with respect to a manufactured home owner who is not\ncurrently a party to a written lease with a manufactured home park owner\nor operator or (b) the ninetieth day next preceding the expiration date\nof any existing written lease between a manufactured home owner and a\nmanufactured home park owner or operator, the manufactured home park\nowner or operator shall submit to each such manufactured home owner a\nwritten offer to lease for a term of at least twelve months from the\ncommencement date thereof unless the manufactured home park owner or\noperator has previously furnished the manufactured home owner with\nwritten notification of a proposed change of use pursuant to paragraph\nsix of subdivision b of this section. Any such offer shall include a\ncopy of the proposed lease containing such terms and conditions,\nincluding provisions for rent and other charges, as the manufactured\nhome park owner shall deem appropriate; provided such terms and\nconditions are consistent with all rules and regulations promulgated by\nthe manufactured home park operator prior to the date of the offer and\nare not otherwise prohibited or limited by applicable law. Such offer\nshall also contain a statement advising the manufactured home owner that\nif he or she fails to execute and return the lease to the manufactured\nhome park owner or operator within thirty days after submission of such\nlease, the manufactured home owner shall be deemed to have declined the\noffer of a lease and shall not have any right to a lease from the\nmanufactured home park owner or operator for the next succeeding twelve\nmonths.\n (ii) For purposes of this paragraph, the commencement date of any\nlease offered by the manufactured home park owner to the manufactured\nhome owner shall be the ninetieth day after the date upon which the\nmanufactured home park owner shall have provided the offer required\npursuant to this paragraph; provided, however, that no such lease shall\nbe effective if, on such commencement date, the manufactured home owner\nis in default of more than one month's rent. In the event the\nmanufactured home owner shall have failed to execute and return said\nlease to the manufactured home park owner or operator within thirty days\nafter it is submitted to the manufactured home owner as required by\nsubparagraph (i) of this paragraph the manufactured home owner shall be\ndeemed to have declined to enter said lease.\n 3. No lease provision shall be inconsistent with any rule or\nregulation in effect at the commencement of the lease.\n 4. If a manufactured home park owner or operator fails to offer a\ntenant a lease as provided in this subdivision, the tenant shall have\nall the rights of a leaseholder and may not be evicted for other than\nthe reasons specified in paragraph two, three, four, five or six of\nsubdivision (b) of this section.\n 5. All rent increases, including all fees, rents, charges, assessments\nand utilities, shall be subject and pursuant to section two hundred\nthirty-three-b of this article.\n f. Rules and regulations. 1. A manufactured home park owner or\noperator may promulgate rules and regulations governing the rental or\noccupancy of a manufactured home lot provided such rules and regulations\nshall not be unreasonable, arbitrary or capricious. A copy of all rules\nand regulations shall be delivered by the manufactured home park owner\nor operator to all manufactured home tenants at the same time such owner\nor operator initially offers the written lease provided for in\nsubdivision e of this section. A copy of the rules and regulations shall\nbe posted in a conspicuous place upon the manufactured home park\ngrounds.\n 2. If a rule or regulation is not applied uniformly to all\nmanufactured home tenants of the manufactured home park there shall be a\nrebuttable presumption that such rule or regulation is unreasonable,\narbitrary and capricious, provided, however, that an inconsistency\nbetween a rule or regulation and a lease term contained in a lease\nsigned before the date the rule or regulation is effective shall not\nraise a rebuttable presumption that such rule is unreasonable, arbitrary\nor capricious.\n 3. Any rule or regulation which does not conform to the requirements\nof this section or which has not been supplied or posted as required by\nparagraph one of this subdivision shall be unenforceable and may be\nraised by the manufactured home tenant as an affirmative defense in any\naction to evict on the basis of a violation of such rule or regulation.\n 4. No rules or regulations may be changed by the manufactured home\npark owner or operator without specifying the date of implementation of\nsaid changed rules and regulations, which date shall be no fewer than\nthirty days after written notice to all tenants.\n 5. A mobile home park owner or operator may not prohibit the placement\nof a for sale sign on any mobile home. A rule or regulation may be\npromulgated limiting the maximum size of such sign; provided, that it\ndoes not prohibit signs the size of which do not exceed the smaller of\nthree feet by two feet or the maximum size allowed by law or\ngovernmental regulation or ordinance, if any.\n g. 1. No tenant shall be charged a fee for other than rent, utilities\nand charges for facilities and services available to the tenant. All\nfees, charges or assessments must be reasonably related to services\nactually rendered.\n 2. A manufactured home park owner or operator shall be required to\nfully disclose in writing all fees, charges, assessments, including\nrental fees, rules and regulations prior to entering into a rental\nagreement with a prospective tenant in the manufactured home park.\n 3. No fees, charges, assessments or rental fees may be increased by\nmanufactured home park owner or operator without specifying the date of\nimplementation of said fees, charges, assessments or rental fees which\ndate shall be no less than ninety days after written notice to all\nmanufactured home tenants. Failure on the part of the manufactured home\npark owner or operator to fully disclose all fees, charges or\nassessments shall prevent the manufactured home park owner or operator\nfrom collecting said fees, charges or assessments, and refusal by the\nmanufactured home tenant to pay any undisclosed charges shall not be\nused by the manufactured home park owner or operator as a cause for\neviction in any court of law. Rent, utilities and charges for facilities\nand services available to the tenant may not be increased unless a lease\nhas been offered to the tenant as required by subdivision e of this\nsection.\n 4. (a) Whenever money shall be deposited or advanced on a contract or\nlicense agreement for the use or rental of premises and the manufactured\nhome, if rented, in a manufactured home park as security for performance\nof the contract or agreement or to be applied to payments upon such\ncontract or agreement when due, such money with interest accruing\nthereon, if any, until repaid or so applied, shall continue to be the\nmoney of the person making such deposit or advance and shall be a trust\nfund in the possession of the person with whom such deposit or advance\nshall be made and shall not be mingled with other funds or become an\nasset of the park owner, operator or his agent.\n (b) Whenever the person receiving money so deposited or advanced shall\ndeposit such money in a banking organization, such person shall\nthereupon notify in writing each of the persons making such security\ndeposit or advance, giving the name and address of the banking\norganization in which the deposit of security money is made, and the\namount of such deposit. Deposits in a banking organization pursuant to\nthe provisions of this subdivision shall be made in a banking\norganization having a place of business within the state. If the person\ndepositing such security money in a banking organization shall deposit\nsame in an interest bearing account, he shall be entitled to receive, as\nadministration expenses, a sum equivalent to one percent per annum upon\nthe security money so deposited, which shall be in lieu of all other\nadministrative and custodial expenses. The balances of the interest paid\nby the banking organization shall be the money of the person making the\ndeposit or advance and shall either be held in trust by the person with\nwhom such deposit or advance shall be made, until repaid or applied for\nthe use or rental of the leased premises, or annually paid to the person\nmaking the deposit of security money.\n (c) Whenever the money so deposited or advanced is for the rental of a\nmanufactured home park lot on property on which are located six or more\nmanufactured home park lots, the person receiving such money shall,\nsubject to the provisions of this section, deposit it in an interest\nbearing account in a banking organization within the state which account\nshall earn interest at a rate which shall be the prevailing rate earned\nby other such deposits made with the banking organizations in such area.\n (d) In the event that a lease terminates other than at the time that a\nbanking organization in such area regularly pays interest, the person\ndepositing such security money shall pay over to his manufactured home\ntenant such interest as he is able to collect at the date of such lease\ntermination.\n (e) Any provision of such a contract or agreement whereby a person who\nso deposits or advances money waives any provision of this subdivision\nis void.\n h. No manufactured home park owner shall:\n 1. Require a manufactured home tenant therein to purchase from said\nmanufactured home park owner or operator skirting or equipment for tying\ndown manufactured homes, or any other equipment. However, the\nmanufactured home park owner or operator may determine by rule or\nregulation the style or quality of such equipment to be purchased by the\nmanufactured home tenant from the vendor of the manufactured home\ntenant's choosing, providing such equipment is readily available.\n 2. Charge any manufactured home tenant who chooses to install an\nelectric or gas appliance in his manufactured home an additional fee\nsolely on the basis of such installation unless such installation is\nperformed by the manufactured home park owner or operator at the request\nof the manufactured home tenant, nor shall the manufactured home park\nowner or operator restrict the installation, service or maintenance of\nany such appliance, restrict the ingress or egress of repairers to enter\nthe manufactured home park for the purpose of installation, service or\nmaintenance of any such appliance, or restrict the making of any\ninterior improvement in such manufactured home, so long as such an\ninstallation or improvement is in compliance with applicable building\ncodes and other provisions of law and further provided that adequate\nutilities are available for such installation or improvement.\n 3. Require, by contract, rule, regulation or otherwise, a manufactured\nhome dweller to purchase from the manufactured home park owner or any\nperson acting directly or indirectly on behalf of the park owner,\ncommodities or services incidental to placement or rental within such\npark; nor shall the park owner restrict access to the manufactured home\npark to any person employed, retained or requested by the manufactured\nhome dweller to provide such commodity or service, unless the\nmanufactured home park owner establishes that such requirement or\nrestriction is necessary to protect the property of such park owner from\nsubstantial harm or impairment.\n 4. Require a manufactured home owner or a prospective manufactured\nhome owner to purchase his or her manufactured home from the\nmanufactured home park owner or operator, or from any person or persons\ndesignated by the manufactured home park owner or operator. Nothing\nherein shall be construed to prevent a manufactured home park owner or\noperator from requiring that any new manufactured home to be installed\nin his or her manufactured home park comply with the rules and\nregulations of said manufactured home park or conform to the physical\nfacilities then existing for installation of a manufactured home in said\nmanufactured home park.\n i. 1. No manufactured home park owner or operator shall deny any\nmanufactured home tenant the right to sell his manufactured home within\nthe manufactured home park provided the manufactured home tenant shall\ngive to the manufactured home park owner or operator twenty days'\nwritten notice of his intention to sell, provided that if the\nmanufactured home owner is deceased no such notice shall be required\nfrom the administrator or executor of the home owner's estate, and\nprovided further that no manufactured home park owner or operator shall\nrestrict access to the manufactured home park to any potential purchaser\nor representatives of any seller unless the manufactured home park owner\nestablishes that such restriction is necessary to protect the property\nof such park owner or operator from substantial harm or impairment. No\nmanufactured home park owner or operator shall require the manufactured\nhome owner or subsequent purchaser to remove the manufactured home from\nthe manufactured home park solely on the basis of the sale thereof. The\nmanufactured home park owner or operator may reserve the right to\napprove the purchaser of said manufactured home as a manufactured home\ntenant for the remainder of the seller's or deceased tenant's term but\nsuch permission may not be unreasonably withheld. If the manufactured\nhome park owner or operator unreasonably withholds his permission or\nunreasonably restricts access to the manufactured home park, the\nmanufactured home tenant or the executor or administrator of a deceased\ntenant's estate may recover the costs of the proceedings and attorneys'\nfees if it is found that the manufactured home park owner or operator\nacted in bad faith by withholding permission or restricting access.\n 2. The manufactured home park owner or operator shall not exact a\ncommission or fee with respect to the price realized by the seller\nunless the manufactured home park owner or operator has acted as agent\nfor the manufactured home owner in the sale pursuant to a written\ncontract.\n 3. If the ownership or management rejects a purchaser as a prospective\ntenant, the selling tenant must be informed in writing of the reasons\ntherefor.\n j. The owner or operator of a manufactured home park may enter a\nmanufactured home owner's manufactured home without the prior consent of\nthe occupant only in case of emergency. The owner or operator of a\nmanufactured home park may enter a manufactured home tenant's\nmanufactured home during reasonable hours on reasonable notice.\n k. The owner or operator shall provide reasonable notice where\npracticable to all manufactured home tenants who would be affected by\nany planned disruption of necessary services caused by the owner,\noperator or his agent.\n l. The park owner shall designate an agent on the premises or in close\nproximity to the manufactured home park to insure the availability of\nemergency response actions in matters affecting the health, safety,\nwell-being and welfare of manufactured home tenants in the park. The\ndesignated agent's name, address and telephone number shall be posted in\na conspicuous location in the park, given in writing to each tenant and\nregistered with appropriate county law enforcement and health officials\nand local fire officials.\n m. Warranty of habitability, maintenance, disruption of services. In\nevery written or oral lease or rental agreement entered into by a\nmanufactured home tenant, the manufactured home park owner or operator\nshall be deemed to covenant and warrant that the premises so leased or\nrented and the manufactured home if rented, including rental through a\nrent-to-own contract, and all areas used in connection therewith in\ncommon with other manufactured home tenants or residents including all\nroads within the manufactured home park are fit for human habitation and\nfor the uses reasonably intended by the parties and that the occupants\nof such premises and such manufactured homes if rented shall not be\nsubjected to any conditions which would be dangerous, hazardous or\ndetrimental to their life, health or safety. When any such condition has\nbeen caused by the misconduct of the manufactured home tenant or lessee\nor persons under his direction or control, it shall not constitute a\nbreach of such covenants and warranties. The rights and obligations of\nthe manufactured home park owner or operator and the manufactured home\ntenant shall be governed by the provisions of this subdivision and\nsubdivisions two and three of section two hundred thirty-five-b of this\narticle.\n n. 1. No manufactured home park owner or operator shall serve a notice\nto quit upon any manufactured home tenant or commence any action to\nrecover real property or summary proceeding to recover possession of\nreal property in retaliation for:\n (a) A good faith complaint, by or in behalf of the tenant, to a\ngovernmental authority of the manufactured home park owner's or\noperator's alleged violation of any health or safety law, regulation,\ncode, or ordinance, or any law or regulation which has as its objective\nthe regulation of premises used for dwelling purposes; or\n (b) Actions taken in good faith, by or in behalf of the manufactured\nhome tenant, to secure or enforce any rights under the lease or rental\nagreement, under subdivision m of this section and subdivisions two and\nthree of section two hundred thirty-five-b of this article, or under any\nother local law, law of the state of New York, or of its governmental\nsubdivisions, or of the United States which has as its objective the\nregulation of premises used for dwelling purposes; or\n (c) The manufactured home tenant's participation in the activities of\na tenant's organization.\n 2. No manufactured home park owner or operator shall substantially\nalter the terms of the tenancy in retaliation for any actions set forth\nin subparagraphs (a), (b), and (c) of paragraph one of this subdivision.\nSubstantial alteration shall include, but is not limited to, the refusal\nto continue a tenancy of the manufactured home tenant or, upon\nexpiration of the manufactured home owner's lease, to renew the lease or\noffer a new lease; provided, however, that a manufactured home park\nowner or operator shall not be required under this subdivision to offer\na manufactured home owner a new lease or a lease renewal for a term\ngreater than one year.\n 3. This subdivision shall apply to all manufactured home parks with\nfour or more manufactured homes. However, its provisions shall not be\ngiven effect in any case in which it is established that the condition\nfrom which the complaint or action arose was caused by the manufactured\nhome tenant, a member of the manufactured home tenant's household, or a\nguest of the manufactured home tenant. Nor shall it apply in a case\nwhere a tenancy was terminated pursuant to the terms of a lease as a\nresult of a bona fide transfer of ownership. The rights and obligations\nof the manufactured home park owner or operator and the manufactured\nhome tenant shall be governed by the provisions of this subdivision and\nsubdivisions three, four and five of section two hundred twenty-three-b\nof this article.\n o. Whenever a lease shall provide that in any action or summary\nproceeding the manufactured home park owner or operator may recover\nattorney's fees and/or expenses awarded by a court, there shall be\nimplied in such lease a covenant by the manufactured home park owner or\noperator, to pay to the tenant the reasonable attorney's fees and/or\nexpenses incurred by the tenant to the same extent as is provided in\nsection two hundred thirty-four of this article which section shall\napply in its entirety. A manufactured home park owner or operator may\nnot demand that a tenant pays attorneys' fees unless such fees have been\nawarded pursuant to a court order.\n p. Any manufactured home park owner or operator who has agreed to\nprovide hot or cold water, heat, light, power, or any other service or\nfacility to any occupant of the manufactured home park who willfully or\nintentionally without just cause fails to furnish such water, heat,\nlight, power, or other service or facility, or who interferes with the\nquiet enjoyment of the leased premises, is guilty of a violation.\n q. Upon receipt of rent, fees, charges or other assessments, in the\nform of cash or any instrument other than the personal check of the\ntenant, it shall be the duty of the manufactured home park owner or\noperator to provide the payor with a written receipt containing the\nfollowing:\n 1. the date;\n 2. the amount;\n 3. the identity of the premises and the period for which paid;\n 4. the signature and title of the person receiving rent.\n r. Limitation on late charges. A late charge on any rental payment by\na manufactured home owner which has become due and remains unpaid shall\nnot exceed and shall be enforced to the extent of three percent of such\ndelinquent payment; provided, however, that no charge shall be imposed\non any rental payment by a manufactured home owner received within ten\ndays after the due date. In the absence of a specific provision in the\nlease or the manufactured home park's rules and regulations, no late\ncharge on any delinquent rental payment shall be assessed or collected.\nLate charges may not be compounded and shall not be considered\nadditional rent.\n s. It shall be a violation for a manufactured home park owner,\noperator or his agent to restrict occupancy of a manufactured home or\nmanufactured home park lot intended for residential purposes by express\nlease terms or otherwise, to a manufactured home tenant or tenants or to\nsuch tenants and immediate family. Any such restriction in a lease or\nrental agreement entered into or renewed before or after the effective\ndate of this subdivision shall be unenforceable as against public\npolicy. The rights and obligations of a manufactured home park owner or\noperator and the manufactured home tenant shall be governed by the\nprovisions of this subdivision and subdivisions one, three, four, five,\nsix, seven, eight and nine of section two hundred thirty-five-f of this\narticle.\n t. 1. Unless a greater right to assign is conferred by the lease, a\nmanufactured home tenant may not assign his lease without the written\nconsent of the manufactured home park owner or operator, which consent\nmay be unconditionally withheld without cause provided that the\nmanufactured home park owner or operator shall release the manufactured\nhome tenant from the lease upon request of the mobile home tenant upon\nthirty days notice if the manufactured home park owner or operator\nunreasonably withholds consent which release shall be the sole remedy of\nthe tenant. If the owner reasonably withholds consent, there shall be no\nassignment and the manufactured home tenant shall not be released from\nthe lease.\n 2. (a) A manufactured home tenant renting space or a manufactured home\nin a manufactured home park with four or more manufactured homes\npursuant to an existing lease shall have a right to sublease his\npremises subject to the written consent of the park owner in advance of\nthe subletting. Such consent shall not be unreasonably withheld.\n (b) The manufactured home tenant shall inform the manufactured home\npark owner or operator of his intent to sublease by mailing a notice of\nsuch intent by certified mail, return receipt requested. Such request\nshall be accompanied by the following information: (i) the term of the\nsublease, (ii) the name of the proposed sublessee, (iii) the business\nand permanent home address of the proposed sublessee, (iv) the tenant's\nreason for subletting, (v) the tenant's address for the term of the\nsublease, (vi) the written consent of any co-tenant or guarantor of the\nlease, and (vii) a copy of the proposed sublease, to which a copy of the\nmanufactured home tenant's lease shall be attached if available,\nacknowledged by the manufactured home tenant and proposed subtenant as\nbeing a true copy of such sublease.\n (c) Within ten days after the mailing of such request, the\nmanufactured home park owner or operator may ask the manufactured home\ntenant for additional information as will enable the manufactured home\npark owner or operator to determine if rejection of such request shall\nbe unreasonable. Any such request for additional information shall not\nbe unduly burdensome. Within thirty days after the mailing of the\nrequest for consent, or of the additional information reasonably asked\nfor by the manufactured home park owner or operator, whichever is later,\nthe manufactured home park owner or operator shall send a notice to the\nmanufactured home tenant of his consent or, if he does not consent, his\nreasons therefor. Manufactured home park owner's or operator's failure\nto send such a notice shall be deemed to be a consent to the proposed\nsubletting. If the manufactured home park owner or operator consents,\nthe premises may be sublet in accordance with the request, but the\nmanufactured home tenant thereunder, shall nevertheless remain liable\nfor the performance of manufactured home tenant's obligations under said\nlease. If the manufactured home park owner or operator reasonably\nwithholds consent, there shall be no subletting and the manufactured\nhome tenant shall not be released from the lease. If the manufactured\nhome park owner or operator unreasonably withholds consent, the\nmanufactured home tenant may sublet in accordance with the request and\nmay recover the costs of the proceeding and attorneys fees if it is\nfound that the manufactured home park owner or operator acted in bad\nfaith by withholding consent. The rights and obligations of the\nmanufactured home park owner or operator and the manufactured home\ntenant shall be governed by the provisions of this subdivision and\nsubdivisions three, five, six, seven and eight of section two hundred\ntwenty-six-b of this article.\n u. In the event of a breach by a manufactured home park owner or\noperator of any of the requirements of this section, the manufactured\nhome tenant may commence an action for damages actually incurred as a\nresult of such breach, or in an action or summary proceeding commenced\nby such manufactured home park owner or operator, may counterclaim for\ndamages occasioned by such breach.\n v. 1. On and after April first, nineteen hundred eighty-nine, the\ncommissioner of housing and community renewal shall have the power and\nduty to enforce and ensure compliance with the provisions of this\nsection. However, the commissioner shall not have the power or duty to\nenforce manufactured home park rules and regulations established under\nsubdivision f of this section.\n 2. On or before January first, nineteen hundred eighty-nine, each\nmanufactured home park owner or operator shall file a registration\nstatement with the commissioner and shall thereafter file an annual\nregistration statement on or before January first of each succeeding\nyear. The commissioner, by regulation, shall provide that such\nregistration statement shall include only the names of all persons\nowning an interest in the park, the names of all tenants of the park,\nall services provided by the park owner to the tenants and a copy of all\ncurrent manufactured home park rules and regulations. The reporting of\nsuch information to the commissioner of taxation and finance pursuant to\nsubparagraph (B) of paragraph six of subsection (eee) of section six\nhundred six of the tax law shall be deemed to satisfy the requirements\nof this paragraph. That the commissioner may not be the primary\nrecipient of such registration statement shall not be construed to\nlimit, alter or diminish the ability or responsibility of the division\nof housing and community renewal in regards to enforcement of this\nsection or any other applicable laws. The commissioner may request\nadditional or corrected information to be filed by each manufactured\nhome park owner or operator as he or she deems necessary to carry out\nproper oversight of such manufactured home parks. The commissioner shall\nannually make publicly available on its website a report of the data\ncollected pursuant to this subdivision or subparagraph (B) of paragraph\nsix of subsection (eee) of section six hundred six of the tax law, not\nincluding any personally identifiable information.\n 3. Whenever there shall be a violation of this section, an application\nmay be made by the commissioner of housing and community renewal in the\nname of the people of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation and with\nrespect to this subdivision, directing the filing of a registration\nstatement. In any such proceeding, the court may make allowances to the\ncommissioner of housing and community renewal of a sum not exceeding two\nthousand dollars against each defendant, and direct restitution.\nWhenever the court shall determine that a violation of this section has\noccurred, the court may impose a civil penalty of not more than one\nthousand five hundred dollars for each violation. Such penalty shall be\ndeposited in the manufactured home cooperative fund, created pursuant to\nsection fifty-nine-h of the private housing finance law. In connection\nwith any such proposed application, the commissioner of housing and\ncommunity renewal is authorized to take proof and make a determination\nof the relevant facts and to issue subpoenas in accordance with the\ncivil practice law and rules. The provisions of this subdivision shall\nnot impair the rights granted under subdivision u of this section.\n w. Real property tax payments. 1. A manufactured home park owner,\noperator or the agent of such owner or operator shall reduce the annual\nrent paid by a manufactured home tenant for use of the land upon which\nsuch manufactured home sits in an amount equal to the total of the real\nproperty taxes actually paid by such manufactured home tenant for such\nmanufactured home plus the amount by which the taxes on such\nmanufactured home were reduced as a result of the partial real property\ntax exemption granted to the manufactured home tenant pursuant to\narticle four of the real property tax law, provided such manufactured\nhome tenant:\n (a) owns a manufactured home which is separately assessed, subject to\nthe provisions of paragraph two of this subdivision;\n (b) is entitled to and actually receives a partial real property tax\nexemption pursuant to article four of the real property tax law; and\n (c) pays the real property taxes due on such home.\n 3. A manufactured home park owner or operator providing a reduction in\nrent as required by paragraph one of this subdivision may retain, in\nconsideration for record keeping expenses, two percent of the amount of\nsuch reduction.\n 3-a. Any reduction required to be provided pursuant to paragraph one\nof this subdivision shall be provided as follows:\n (a) a reduction in monthly rent (prorating the reduction in twelve\nparts) shall take effect upon the first monthly rental payment due sixty\ndays after the last date for the payment of real property taxes with no\npenalty or interest for lateness and shall be extended to the next\neleven monthly payments thereafter; or\n (b) with the consent of the manufactured home park owner, operator, or\nagent of such owner or operator, a reduction in rent may be offset in\nthe entire amount of such reduction against the first monthly rental\npayment due sixty days after the last date for the payment of real\nproperty taxes with no penalty or interest for lateness, and the balance\nthereof, if any, may be offset against the monthly rental payments for\nsucceeding months, until exhausted; or\n (c) at the election of the manufactured home park owner, operator, or\nagent of such owner or operator, the total amount of such reduction in\nrent may be paid to the tenant no later than sixty days after the last\ndate for the payment of real property taxes with no penalty or interest\nfor lateness.\n 4. The failure of a manufactured home park owner or operator to comply\nwith the provisions of this subdivision shall be a violation punishable\nby a fine not to exceed five hundred dollars for each violation.\n x. 1. Rent and other fees, charges and assessments may not be\nincreased by a manufactured home park owner or operator more than once\nin any year.\n 2. Notwithstanding the provisions of paragraph one of this\nsubdivision, if a fee, charge, or assessment in effect at the\ncommencement of a lease or tenancy is for goods or services provided by\na party unrelated to and not controlled by the manufactured home park\nowner or operator, the manufactured home park owner or operator may,\nupon the notice required in this section, provide for the pass-along to\nthe manufactured home tenant of any increases in such fee, charge or\nassessment.\n 3. Any agreement modifying any of the rights set forth in this\nsubdivision shall be void as contrary to public policy.\n y. 1. No manufactured home park owner or operator shall offer or\nexecute a rent-to-own contract unless the manufactured park owner or\noperator possesses documentation of ownership of the manufactured home,\nincluding a certificate of title to the home, if the home is a\nmanufactured home subject to being titled pursuant to article forty-six\nof the vehicle and traffic law, or for mobile homes not subject to being\ntitled pursuant to such law, such other documentation, which may include\na bill of sale, or deed, sufficient to establish ownership.\n 2. Every rent-to-own contract shall be in writing and clearly state\nall terms, including but not limited to: a description of the home to be\nleased, including the name of the manufacturer, the serial number and\nthe year of manufacture; the site number upon which the home is located\nin the manufactured home park; an itemized statement of any payments to\nbe made during the term of the contract, including the initial lot rent,\nthe rental amount for the home, and the amount of the rent-to-own\npayments; the term of the agreement; the number of payments, itemized,\nrequired to be made over the term of the agreement; any lien or security\ninterest encumbering the manufactured or mobile home, if applicable; and\nthe amount of any additional fees to be paid during the term. A\nrent-to-own contract shall not require a manufactured home tenant to pay\nany additional fees for transfer of ownership at the end of the lease\nperiod. A rent-to-own contract shall provide that where the rent-to-own\ntenant pays all rent-to-own payments and other fees established in the\ncontract during the lease term, title transferred at the end of the\nlease term shall be free of superior interests, liens or encumbrances.\n 3. Valuations used to determine the fair market value of the\nmanufactured home at the time the rent-to-own contract is entered into,\nshall be based on the information provided by an independent system,\nentity, publication or publications that provide valuation information\nfor manufactured homes adjusted, as appropriate, by reasonable and\nidentifiable regional market data, such as location, park-specific\namenities, trends and comparable sales.\n 4. Every rent-to-own contract shall clearly state that the\nmanufactured home tenant is occupying a rented home, until ownership is\ntransferred, and that the manufactured home park owner and operator\nshall be responsible for compliance with the warranty of habitability,\nincluding but not limited to all major repairs and capital improvements.\n 5. With the execution of every rent-to-own contract, the manufactured\nhome park owner or operator shall offer the manufactured home tenant a\nlease for the site on which the home is located as provided in\nsubdivision f of this section, and, if the term of the rent-to-own\ncontract is longer than the term of the initial site lease, shall offer\nrenewal leases on the same terms as provided to manufactured home\ntenants within the park pursuant to subdivision e of this section,\nprovided that such renewal lease may not include a rent increase greater\nthan that imposed on similarly situated manufactured home tenants that\nown their home within the park.\n 6. The manufactured home park owner or operator shall provide each\nmanufactured home tenant who is a party to a rent-to-own contract an\nitemized accounting listing all payments made pursuant to the\nrent-to-own contract. Such accounting shall be provided no less than\nonce each year, beginning one year from the execution of the rent-to-own\ncontract. Upon request by a manufactured home tenant, the manufactured\nhome park owner or operator shall provide such an accounting within ten\ndays of such request.\n 7. Any successor to ownership of the manufactured home park shall be\nbound by the terms of a rent-to-own contract entered into after the\neffective date of this subdivision.\n 8. If a manufactured home tenant's tenancy is terminated by the\nmanufactured home park owner or operator during the term of a\nrent-to-own contract, all rent-to-own payments made during the term of\nthe contract shall be refunded to the manufactured home tenant; if a\nmanufactured home park owner or operator fails to refund such payments,\nin an eviction proceeding, the court may award the manufactured home\nrenter damages in the amount of the rent-to-own payments which have not\nbeen refunded.\n 9. It is a violation of this section for a manufactured home park\nowner or operator to make any material misrepresentation, either written\nor oral, regarding any of the terms of a rent-to-own contract, or to\nobtain, or attempt to obtain, a waiver from any manufactured home renter\nof any protection or right provided under this subdivision.\n 10. (i) If a manufactured home park owner or operator violates the\nprovisions of this subdivision or wrongfully evicts a manufactured home\ntenant who is a party to a rent-to-own contract, a court may award\ndamages including treble the economic damages suffered by the\nmanufactured home tenant, which may include all rent-to-own payments.\nThe court may also provide for reasonable attorney fees and costs of\nlitigation, and other equitable relief.\n (ii) Failure of the manufactured home park owner or operator to comply\nwith this section shall give the manufactured home renter the\nunconditional right to cancel the rent-to-own contract and receive\nimmediate refund of all payments and deposits made on account of or in\ncontemplation of the lease with the rent-to-own contract.\n 11. The provisions of this section apply to rent-to-own contracts and\ntenants with rent-to-own contracts.\n