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