Senate Bill S5436

2019-2020 Legislative Session

Relates to providing recourse for manufactured homeowners in manufactured home parks confronted with unjustifiable rent increases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S5436 (ACTIVE) - Details

See Assembly Version of this Bill:
A5247
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Law
Laws Affected:
Amd §233, add §233-b, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6920, A4851
2011-2012: S3177, A5029
2013-2014: S2905, A3351
2015-2016: S4436, A6269
2017-2018: S3231, A2682

2019-S5436 (ACTIVE) - Summary

Relates to providing recourse for manufactured homeowners in manufactured home parks confronted with unjustifiable rent increases; creates a local option in counties in New York state to provide such protection.

2019-S5436 (ACTIVE) - Sponsor Memo

2019-S5436 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5436
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced  by Sens. MAY, LAVALLE -- 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 providing recourse
   for manufactured  homeowners  in  manufactured  home  parks,  who  are
   confronted with unjustifiable rent increases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature  finds  and  declares
 that:
   (a) Manufactured homes are a critical source of affordable housing for
 residents in New York state, particularly for senior citizens seeking to
 remain in their communities.
   (b) Factors unique to home ownership in manufactured home parks in New
 York  state  require  that  the  owners  of  such  manufactured homes be
 protected from involuntary forfeiture of their homes due to unreasonable
 increases in lot rent.
   (c) Homeownership in such manufactured home parks differs  from  other
 forms  of  homeownership as well as from the traditional landlord-tenant
 relationship. Unlike other homeowners, because the manufactured homeown-
 ers do not control the land on which  their  manufactured  homes  exist,
 they  have  no  control  over  this substantial portion of their housing
 costs.
   (d) Vacancies in existing manufactured home parks are  extremely  rare
 in  New York state, and the cost of relocating a manufactured home, even
 if such a vacancy exists, is prohibitively high and threatens the struc-
 tural integrity of many manufactured homes.
   (e) The  manufactured  homeowners'  total  lack  of  bargaining  power
 disrupts the normal operation of market forces and renders such manufac-
 tured  homeowners  captive  to  whatever  terms a manufactured home park
 owner may choose to impose. Although many manufactured home park  owners
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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