senate Bill S1059

2013-2014 Legislative Session

Requires a manufactured home park owner or operator to give every manufactured home resident a copy of their resident's bill of rights

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

Co-Sponsors

S1059 - Bill Details

See Assembly Version of this Bill:
A3134
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Amd ยง233, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S240
2009-2010: S8368

S1059 - Bill Texts

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Requires a manufactured home park owner or operator to give every manufactured home resident a copy of their resident's bill of rights; requires the conspicuous posting of such bill of rights; provides that the resident's bill of rights shall be created and disseminated by the division of housing and community renewal.

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BILL NUMBER:S1059

TITLE OF BILL:
An act
to amend the
real property law, in relation to requiring a manufactured home
park owner or operator to give every manufactured home resident
a copy of
their resident's bill of rights

TITLE OF BILL:
An act
to amend the
real property law, in relation to requiring a manufactured home
park owner or operator to give every manufactured home resident
a copy of
their resident's bill of rights

PURPOSE:
The bill would require a manufactured home park owner or operator to
give every manufactured home tenant a copy of the resident's bill of
rights.

SUMMARY OF PROVISIONS:
Section 1 amends section 233 of the real property law to require
manufactured home park owners or operators to offer residents prior
to occupancy a copy of the bill of rights published by the Division
of Housing and Community Renewal and to post such bill of rights in a
conspicuous place.

Section 2 is the effective date

JUSTIFICATION:
Current law requires manufactured home park owners and operators to
give residents a copy of the lease and park rules. The law does not
now require the dissemination of the resident's bill of rights
developed by the Division of Housing and Community Renewal. This bill
requires park owners and operators to give residents a copy of this
bill of rights. The bill of rights sets out the provisions of the
section 233 of the Real Property Law. Such dissemination will advise
and educate residents about their rights as manufactured home owners.

LEGISLATIVE HISTORY:
S.8366 of 2009-2010; referred to Rules
S240 of 2011-2012; referred to Housing, Construction and Community
Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day.

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

                                  1059

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT to amend the real property law, in relation to requiring a manu-
  factured home park owner or operator to give every  manufactured  home
  resident a copy of their resident's bill of rights

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

  Section 1.  Section 233 of the real property law, as amended by  chap-
ter 566 of the laws of 1996, paragraph 6 of subdivision b as amended and
subdivision  x  as added by chapter 561 of the laws of 2008, paragraph 1
of subdivision f as amended by chapter 48 of the laws of 1998, paragraph
5 of subdivision f as added by chapter 103 of the laws of 1996, subdivi-
sion w as amended by section 18 of part B of chapter 389 of the laws  of
1997,  and paragraph 3-a of subdivision w as added by chapter 405 of the
laws of 2001, is amended to read as follows:
  S 233. Manufactured home parks; duties, responsibilities. a.  Wherever
used in this section:
  1.  The term "manufactured home [tenant] RESIDENT" means one who rents
space in a manufactured home park from a manufactured home park owner or
operator for the purpose of parking his OR HER manufactured home or  one
who  rents  a manufactured home in a manufactured home park from a manu-
factured home park owner or operator.
  2. The term "manufactured home owner" means one who holds title  to  a
manufactured home.
  3.  The  term  "manufactured  home  park" means a contiguous parcel of
privately owned land which is used for the  accommodation  of  three  or
more manufactured homes occupied for year-round living.
  4.  The  term  "manufactured home" means a structure, transportable in
one or more sections, which in the traveling mode, is eight body feet or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02087-01-3

S. 1059                             2

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 with-
out a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems
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

S. 1059                             3

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-
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.

S. 1059                             4

  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-
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
opportunity 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

S. 1059                             5

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
(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 oper-
ator 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 A
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-

S. 1059                             6

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
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

S. 1059                             7

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
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-

S. 1059                             8

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
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

S. 1059                             9

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
  (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:

S. 1059                            10

  1. the date;
  2. the amount;
  3. the identity of the premises and the period for which paid;
  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.

S. 1059                            11

  (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
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

S. 1059                            12

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
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

S. 1059                            13

thereof,  if  any, may be offset against the monthly rental payments for
succeeding months, until exhausted; or
  (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  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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