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Assembly Bill A4893

2009-2010 Legislative Session

Relates to notice of a change in use of property which is leased as a manufactured home lot

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Archive: Last Bill Status - Stricken

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2009-A4893 (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add ยง233-b, RP L

2009-A4893 (ACTIVE) - Summary

Requires six months notice of a change in use of property which is leased as a manufactured home lot.

2009-A4893 (ACTIVE) - Bill Text download pdf 

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

                                  4893

                       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. FIELDS,
  THIELE -- read once and referred to the Committee on Judiciary

AN ACT to amend the real property law, in relation to notice of a change
  in use of property which is leased as a manufactured home lot

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

  Section  1.  The  real property law is amended by adding a new section
233-b to read as follows:
  S 233-B. NOTIFICATION TO TERMINATE THE LEASE OF A MANUFACTURED HOME OR
LOT. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED  THIRTY-TWO-B
OF  THIS  ARTICLE, A MONTHLY TENANCY, A TENANCY FROM MONTH TO MONTH OR A
LEASE OF ANY MANUFACTURED HOME OR LAND UPON WHICH A MANUFACTURED HOME IS
LOCATED MAY BE TERMINATED BY THE LANDLORD DUE TO A CHANGE IN USE OF SUCH
PROPERTY PROVIDED THE TENANT IS GIVEN WRITTEN  NOTICE  OF  THE  PROPOSED
CHANGE  OF  USE  AND  THE PROPERTY OWNER'S NEED TO SECURE OTHER ACCOMMO-
DATIONS.  WHENEVER A PROPERTY OWNER GIVES A NOTICE OF PROPOSED CHANGE OF
USE OF ANY PROPERTY ON WHICH A MANUFACTURED HOME IS LOCATED,  THE  OWNER
SHALL,  AT  THE  SAME TIME, GIVE NOTICE OF THE PROPOSED CHANGE OF USE TO
ALL OTHER MANUFACTURED HOME OWNERS OR TENANTS ON  THE  SUBJECT  PROPERTY
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.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08064-01-9

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