S T A T E O F N E W Y O R K
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6242
2019-2020 Regular Sessions
I N S E N A T E
May 29, 2019
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Introduced by Sen. METZGER -- 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 rent increases in
manufactured home parks
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 is amended by adding a
new subdivision y to read as follows:
Y. 1. (A) THE OWNER OF A MANUFACTURED HOME PARK MAY NOT RAISE A MANU-
FACTURED HOME TENANT'S LOT RENT ABOVE THE CONSUMER PRICE INDEX AVERAGED
OVER THE MOST RECENTLY AVAILABLE PRECEDING THIRTY-SIX MONTH PERIOD,
UNLESS THE PROPOSED RENT INCREASE IS APPROVED BY THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL AND DIRECTLY RELATED TO OPERATING, MAINTAINING, OR
IMPROVING THE MANUFACTURED HOME PARK FOR THE FOLLOWING PURPOSES:
(I) THE COMPLETION AND INCURRING OF COSTS FOR ANY CAPITAL IMPROVEMENTS
OR REHABILITATION WORK IN THE MANUFACTURED HOME PARK, AS DISTINGUISHED
FROM ORDINARY REPAIR, REPLACEMENT, OR MAINTENANCE. CAPITAL IMPROVEMENTS
SHALL INCLUDE ROADWAY IMPROVEMENTS, PLUMBING AND PIPING INFRASTRUCTURE,
COMMUNITY STRUCTURES, NATURAL DISASTER RECOVERY. ALL OTHER MAINTENANCE
SHALL BE CONSIDERED ORDINARY, AND SHALL NOT BE GROUNDS FOR A RENT
INCREASE. ALL RENT INCREASES RESULTING FROM CAPITAL IMPROVEMENTS SHALL
EXPIRE ONCE THE IMPROVEMENT IS PAID FOR;
(II) CHANGES IN PROPERTY TAXES OR OTHER TAXES WITHIN THE MANUFACTURED
HOME PARK;
(III) CHANGES IN UTILITY CHARGES WITHIN THE MANUFACTURED HOME PARK;
(IV) CHANGES IN INSURANCE COSTS AND FINANCING ASSOCIATED WITH THE
MANUFACTURED HOME PARK;
(V) CHANGES IN REASONABLE OPERATING AND MAINTENANCE EXPENSES RELATING
TO THE MANUFACTURED HOME PARK INCLUDING, BUT NOT LIMITED TO COSTS FOR:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10803-02-9
S. 6242 2
WATER SERVICE; SEWER SERVICE; SEPTIC SERVICE; WATER DISPOSAL; TRASH
COLLECTION; AND EMPLOYEE EXPENSES.
(B) (I) A MANUFACTURED HOME PARK OWNER SHALL NOT INCORPORATE THE COST
OF A CIVIL PENALTY, CRIMINAL FINE, OR LITIGATION-RELATED COSTS FOR RENT-
RELATED PROCEEDINGS INTO RENT CHARGED UNDER ANY CIRCUMSTANCE.
(II) A MANUFACTURED HOME PARK OWNER SHALL NOT UTILIZE THE COST OF
CAPITAL IMPROVEMENTS OR REHABILITATION WORK AS JUSTIFICATION FOR ANY
FUTURE RENTAL INCREASE ONCE SUCH COST HAS BEEN FULLY RECOVERED BY RENTAL
INCREASES THAT WERE INCORPORATED INTO A PRIOR RENTAL INCREASE IN EXCESS
OF THE CONSUMER PRICE INDEX AND WHERE SUCH PRIOR RENTAL INCREASE WAS
PROPERLY IMPLEMENTED PURSUANT TO THIS SUBDIVISION.
(C) WHEN A MANUFACTURED HOME TENANT FIRST MOVES ONTO A LOT IN A MANU-
FACTURED HOME PARK, THE TENANT SHALL BE OFFERED RENT AT A RATE NOT
EXCEEDING THE AVERAGE RENT FOR LOTS SIMILAR IN SIZE TO SUCH LOT WHICH
ARE LOCATED WITHIN SUCH MANUFACTURED HOME PARK.
2. (A) IN ADDITION TO THE NOTICE REQUIRED PURSUANT TO PARAGRAPH THREE
OF SUBDIVISION G OF THIS SECTION, A MANUFACTURED HOME PARK OWNER SHALL
GIVE WRITTEN NOTICE TO THE HOME OWNERS' ASSOCIATION, IF ONE EXISTS, AND
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AT LEAST NINETY DAYS PRIOR
TO ANY INCREASE IN RENT. THE NOTICE SHALL IDENTIFY ALL AFFECTED MANUFAC-
TURED HOME OWNERS BY LOT NUMBER, NAME, GROUP OR PHASE. IF THE AFFECTED
MANUFACTURED HOME OWNERS ARE NOT IDENTIFIED BY NAME, THE MANUFACTURED
HOME PARK OWNER SHALL MAKE THE NAMES AND ADDRESSES AVAILABLE TO ANY
AFFECTED MANUFACTURED HOME OWNER, THE HOME OWNERS' ASSOCIATION, IF ONE
EXISTS, AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UPON REQUEST.
(B) (I) IF THE PROPOSED RENT INCREASE EXCEEDS THE CONSUMER PRICE
INDEX, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL SCHEDULE A
FINAL MEETING BETWEEN THE PARTIES AT A MUTUALLY-CONVENIENT TIME AND
PLACE TO BE HELD WITHIN THIRTY DAYS FROM THE MAILING OF THE NOTICE OF
THE RENT INCREASE, TO DISCUSS THE REASONS FOR THE INCREASE. AT THE
MANUFACTURED HOME PARK OWNER'S ELECTION, THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL SHALL ALSO SCHEDULE ONE OR MORE OPTIONAL INFORMAL
MEETINGS PRIOR TO THE FINAL MEETING. THE MANUFACTURED HOME PARK OWNER
PROPOSING THE RENT INCREASE SHALL RECOMMEND TO THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL A DATE, TIME AND PLACE OF THE FINAL MEETING AND OF
ANY PRECEDING INFORMAL MEETINGS, AND THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL AFFIRM SUCH RECOMMENDATION WITH THE MANUFACTURED HOME
PARK OWNER, IF THE DIVISION FINDS THE DATE, TIME AND PLACE TO BE REASON-
ABLE. AT OR BEFORE THE FINAL MEETING THE MANUFACTURED HOME PARK OWNER
SHALL, IN GOOD FAITH, DISCLOSE IN WRITING ALL OF THE MATERIAL FACTORS
RESULTING IN THE DECISION TO INCREASE THE RENT.
(II) THE PARTIES MAY AGREE IN A WRITING SIGNED BY THE MANUFACTURED
HOME PARK OWNER AND AT LEAST ONE AFFECTED MANUFACTURED HOME OWNER OR THE
HOME OWNERS' ASSOCIATION TO EXTEND OR CONTINUE ANY MEETINGS REQUIRED BY
THIS PARAGRAPH TO A DATE SPECIFIED IN THE WRITING AND APPROVED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL AS REASONABLE. WITHIN TWO
BUSINESS DAYS OF SIGNING AN AGREEMENT TO CONTINUE OR EXTEND MEETINGS,
THE MANUFACTURED HOME PARK OWNER SHALL NOTIFY THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL OF SUCH AGREEMENT BY FORWARDING THE SIGNED AGREE-
MENT TO THE DIVISION.
(C) AFTER THE FINAL MEETING, ANY AFFECTED MANUFACTURED HOME OWNER WHO
HAS NOT ALREADY ACCEPTED THE PROPOSED INCREASE, OR THE HOME OWNERS'
ASSOCIATION ON BEHALF OF ONE OR MORE AFFECTED MANUFACTURED HOME OWNERS
WHO HAVE NOT ALREADY ACCEPTED THE PROPOSED INCREASE MAY, WITHIN THIRTY
DAYS FROM THE CONCLUSION OF THE FINAL MEETING, PETITION THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL TO APPOINT AN ARBITRATOR TO CONDUCT ARBI-
S. 6242 3
TRATION SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OF THE CIVIL
PRACTICE LAW AND RULES.
3. A MANUFACTURED HOME PARK OWNER WHO RAISES A MANUFACTURED HOME
OWNER'S RENT MORE THAN THE ANNUAL AVERAGE INCREASE OF THE CONSUMER PRICE
INDEX FOR THE PRECEDING THIRTY-SIX MONTH PERIOD WITHOUT HAVING OBTAINED
APPROVAL OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL BE
REQUIRED TO IMMEDIATELY REDUCE THE RENT TO THE AMOUNT IN EFFECT BEFORE
THE UNAUTHORIZED INCREASE AND REBATE THE UNAUTHORIZED RENT COLLECTED TO
THE MANUFACTURED HOME OWNERS WITH INTEREST.
4. MANUFACTURED HOME PARK COOPERATIVES SHALL BE EXEMPT FROM THE
PROVISIONS OF THIS SUBDIVISION.
§ 2. This act shall take effect immediately.