S T A T E O F N E W Y O R K
________________________________________________________________________
4140
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. ALESSI, JOHN, V. LOPEZ -- Multi-Sponsored by --
M. of A. DIAZ, KOON, MAGEE -- read once and referred to the Committee
on Housing
AN ACT to amend the real property law, in relation to fees, charges, and
assessments applicable to manufactured home tenants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1, subparagraph (i) of paragraph 2, and paragraph
3 of subdivision e of section 233 of the real property law, as amended
by chapter 566 of the laws of 1996, are amended to read as follows:
1. The manufactured home park owner or operator shall offer every
manufactured home tenant prior to occupancy, the opportunity to sign a
lease for a minimum of one year, which offer shall be made in writing,
AND WHICH LEASE SHALL NOT BE INCONSISTENT WITH THE PROVISIONS OF THIS
SUBDIVISION.
(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 manufac-
tured home park owner or operator or (b) the ninetieth day next preced-
ing the expiration date of any existing written lease between a manufac-
tured 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 previously
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04687-01-9
A. 4140 2
and regulations AND SCHEDULES OF FEES, CHARGES, AND ASSESSMENTS promul-
gated by the manufactured home park operator prior to the date [of] the
offer WAS REQUIRED TO BE MADE and are not otherwise prohibited or limit-
ed 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. PROVIDED THAT THE TENANT IS
OFFERED AND RECEIVES A LEASE IN COMPLIANCE WITH THIS PARAGRAPH, SUCH
LEASE SHALL BE SUBJECT TO ALL RULES, REGULATIONS, AND SCHEDULES OF FEES,
CHARGES, AND ASSESSMENTS WHICH HAVE BECOME EFFECTIVE PURSUANT TO THIS
SECTION PRIOR TO THE COMMENCEMENT OF THE LEASE. IF SUCH TERMS DIFFER
FROM THE TERMS OF THE PROPOSED LEASE OFFERED TO THE TENANT, THE MANUFAC-
TURED HOME PARK OWNER SHALL PROVIDE THE TENANT WITH AN APPROPRIATE
AMENDMENT TO THE LEASE WITHIN THIRTY DAYS OF THE COMMENCEMENT OF THE
LEASE.
3. No lease provision shall be inconsistent with any rule or regu-
lation OR SCHEDULE OF FEES, CHARGES, OR ASSESSMENTS in effect [at the
commencement of the lease] ON THE DATE THE LEASE WOULD COMMENCE IF
OFFERED AND ENTERED INTO IN COMPLIANCE WITH THE PROVISIONS OF THIS
SUBDIVISION.
S 2. Paragraph 3 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:
3. No fees, charges, assessments or rental fees may be increased by
THE 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
manufactured home tenants. NO SUCH INCREASE SHALL APPLY TO ANY EXISTING
LEASES UNTIL THE EXPIRATION OF THE TENANT'S LEASE OR SUCH NINETY DAYS
HAVE ELAPSED, WHICHEVER IS LATER. NO LEASE SHALL CONTAIN ANY ESCALATION
CLAUSES OR OTHER PROVISIONS WHICH PERMIT INCREASES IN RENTAL FEES OR
OTHER CHARGES DURING THE TERM OF THE LEASE, PROVIDED, HOWEVER, IF A FEE,
CHARGE, OR ASSESSMENT IN EFFECT AT THE COMMENCEMENT OF A LEASE IS FOR
GOODS OR SERVICES PROVIDED BY A PARTY UNRELATED TO AND NOT CONTROLLED BY
THE MANUFACTURED HOME PARK OWNER OR OPERATOR, THE LEASE MAY PROVIDE FOR
THE PASSALONG TO THE MANUFACTURED HOME TENANT OF ANY INCREASES IN SUCH
FEE, CHARGE, OR ASSESSMENT, PROVIDED THAT THE LEASE PROVIDES FOR A
PASSALONG OF ANY DECREASES IN SUCH SUMS AND PROVIDED FURTHER THAT THE
FEE, CHARGE, OR ASSESSMENT PAID BY THE MANUFACTURED HOME TENANT DOES NOT
EXCEED THE SUM CHARGED BY THE UNRELATED PARTY FOR SUCH GOODS OR
SERVICES. Failure on the part of the manufactured 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 to pay any undisclosed charges shall not be used by the manufac-
tured home park owner or operator as a cause for eviction in any court
of law.
S 3. Subdivision g of section 233 of the real property law is amended
by adding a new paragraph 3-a to read as follows:
3-A. RENTAL FEES, OTHER FEES, CHARGES, AND ASSESSMENTS CHARGED TO
TENANTS WITHOUT LEASES SHALL BE AT THE SAME RATE CHARGED TO TENANTS WITH
LEASES FOR COMPARABLE LOTS AND SERVICES.
A. 4140 3
S 4. This act shall take effect immediately; provided, that no offer
of lease shall be required to be made in conformity with the provisions
of this act until the first of October next succeeding the date on which
it shall have become a law with respect to leases which expire within
ninety days of the effective date of this act.