S T A T E O F N E W Y O R K
________________________________________________________________________
4892--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. QUINN,
THIELE -- read once and referred to the Committee on Consumer Affairs
and Protection -- recommitted to the Committee on Consumer Affairs and
Protection in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00096-03-0
A. 4892--A 2
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
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.