senate Bill S82

Requires manufacturers and sellers of manufactured homes to provide customers with notice that owners of manufactured home parks may change the use of land

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires manufacturers and sellers of manufactured homes to provide customers with notice that owners of manufactured home parks may change the use of land comprising manufactured home parks requiring a customer to relocate the home at the customer's expense.

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Bill Details

Versions:
S82
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L; amd §233, RP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S130
2009-2010: S1935

Sponsor Memo

BILL NUMBER:S82

TITLE OF BILL:
An act
to amend the general business law and
the real property law,
in relation to requiring manufactured home park owners or operators
to provide customers with notice that such
owners or operators
of manufactured home parks may change the use of land comprising
manufactured home parks

PURPOSE:
The purpose of this bill is to ensure that customers who are
considering purchasing a manufactured home are aware of the fact that
manufactured home park owners may propose a change in the use of the
land comprising a manufactured home park and that such change may
require home owners to relocate.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 399-nn to the general business law which
specifies that a contract between a seller of manufactured homes and
a consumer must contain the street address of the seller and the
consumer, be dated and signed by both parties, and contain the
following statement in no less than twelve-point bold face type:

"A manufactured home park owner or operator may propose a change in
the use of the land comprising a manufactured home park, or a portion
thereof, on which manufactured homes may be located. Such a proposed
use change may require the home owner to relocate the manufactured
home and secure other accommodations at the home owner's expense."

Violations may be punishable by an injunction from the Attorney
General and a civil penalty not to exceed $500 per violation.

Section 2 amends paragraph 2 of subdivision g of section 233 of the
real property law which governs disclosures that must be given to
manufactured home tenants prior to occupancy by manufactured home
park owners or operators. Such disclosures would be required to
include notice that the owner or operator may propose a change in the
use of the land comprising the manufactured home park, or a portion
thereof, that may require the tenant to relocate the manufactured
home and secure other accommodations at the tenant's expense.

JUSTIFICATION:
In 2007, tenants of a mobile home park in Duanesburg, New York,
received an eviction notice.
Tenants were not aware that section 233 of the real property law, gives
the owner of the land the right to change the use of land. In many
cases there is not another place to move the
manufactured home and tenant is forced to either abandoned their home
or lose the value of the home while still owing a mortgage on the home.

LEGISLATIVE HISTORY:


2011-12: S.130
2010: S.7781/A.4892-A
2007-08: A.10340-A (Previously Luis Diaz, Reported to Rules)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1 after becoming law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   82

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the real property  law,  in
  relation  to  requiring  manufactured home park owners or operators to
  provide customers with notice that such owners or operators  of  manu-
  factured home parks may change the use of land comprising manufactured
  home parks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-nn to read as follows:
  S 399-NN. MANUFACTURED HOME CONTRACTS.  1. FOR THE  PURPOSES  OF  THIS
SECTION,  "MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE OR
MORE SECTIONS, WHICH, IN THE TRAVELING MODE, IS EIGHT BODY FEET OR  MORE
IN WIDTH OR FORTY BODY FEET OR MORE IN LENGTH, OR, WHEN ERECTED ON SITE,
IS  THREE  HUNDRED  TWENTY  OR MORE SQUARE FEET, AND WHICH IS BUILT ON A
PERMANENT CHASSIS AND DESIGNED TO BE USED AS A DWELLING WITH OR  WITHOUT
A  PERMANENT  FOUNDATION  WHEN  CONNECTED TO THE REQUIRED UTILITIES, AND
INCLUDES THE PLUMBING, HEATING, AIR-CONDITIONING AND ELECTRICAL  SYSTEMS
CONTAINED  THEREIN.  THE TERM SHALL INCLUDE ANY STRUCTURE THAT MEETS ALL
OF THE REQUIREMENTS OF THIS SUBDIVISION EXCEPT THE SIZE REQUIREMENTS AND
WITH RESPECT TO WHICH THE MANUFACTURER VOLUNTARILY FILES A CERTIFICATION
REQUIRED BY THE UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT
AND COMPLIES WITH THE STANDARDS ESTABLISHED UNDER TITLE 42 OF THE UNITED
STATES CODE; AND EXCEPT THAT SUCH TERM SHALL NOT INCLUDE  ANY  SELF-PRO-
PELLED RECREATIONAL VEHICLE.
  2.  EVERY  CONTRACT  BETWEEN A CONSUMER AND A SELLER OF A MANUFACTURED
HOME SHALL BE IN WRITING, SHALL  BE  DATED,  SHALL  CONTAIN  THE  STREET
ADDRESS  OF  THE  SELLER  AND  THE  CONSUMER, AND SHALL BE SIGNED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01103-01-3

S. 82                               2

CONSUMER AND SELLER. EACH CONTRACT SHALL CONTAIN THE FOLLOWING STATEMENT
IN NOT LESS THAN TWELVE-POINT BOLD FACE TYPE:
  "A  MANUFACTURED  HOME  PARK OWNER OR OPERATOR MAY PROPOSE A CHANGE IN
THE USE OF THE LAND COMPRISING A MANUFACTURED HOME PARK,  OR  A  PORTION
THEREOF, ON WHICH MANUFACTURED HOMES MAY BE LOCATED. SUCH A PROPOSED USE
CHANGE  MAY REQUIRE THE HOME OWNER TO RELOCATE THE MANUFACTURED HOME AND
SECURE OTHER ACCOMMODATIONS AT THE HOME OWNER'S EXPENSE."
  3. A COPY OF THE FULLY  COMPLETED  CONTRACT  SHALL  BE  GIVEN  TO  THE
CONSUMER AT THE TIME THE CONTRACT IS SIGNED.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL 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  THE  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IF  THE  COURT  IN
SUCH  A  SPECIAL  PROCEEDING DETERMINES THAT A VIOLATION OF THIS SECTION
HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED
APPLICATION, THE ATTORNEY GENERAL 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.
  S 2. Paragraph 2 of subdivision g of section 233 of the real  property
law,  as  amended by chapter 566 of the laws of 1996, is amended to read
as follows:
  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
assuming  occupancy  in the manufactured home park.  A MANUFACTURED HOME
PARK OWNER OR OPERATOR SHALL ALSO BE REQUIRED TO FULLY DISCLOSE IN WRIT-
ING THE FACT THAT SUCH MANUFACTURED HOME  PARK  OWNER  OR  OPERATOR  MAY
PROPOSE A CHANGE IN THE USE OF THE LAND COMPRISING THE MANUFACTURED HOME
PARK,  OR  A  PORTION  THEREOF,  ON WHICH THE MANUFACTURED HOME IS TO BE
LOCATED, AND THAT SUCH PROPOSED USE CHANGE MAY  REQUIRE  THE  TENANT  TO
RELOCATE  THE  MANUFACTURED  HOME AND SECURE OTHER ACCOMMODATIONS AT THE
TENANT'S EXPENSE.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law; provided, however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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