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Assembly Bill A5704

2023-2024 Legislative Session

Requires manufactured home park owners to provide a written justification for rent increases in excess of three percent of the current rent

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Archive: Last Bill Status - On Floor Calendar

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2023-A5704 (ACTIVE) - Details

See Senate Version of this Bill:
S5198
Law Section:
Real Property Law
Laws Affected:
Amd §233-b, ren §233-b to be §233-c, RP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6755, S6199
2025-2026: A340, S228

2023-A5704 (ACTIVE) - Summary

Requires manufactured home park owners to provide a written justification for rent increases in excess of three percent of the current rent; provides that increases in costs to justify such rent increase for ordinary maintenance or repair to meet the warranty of habitability obligations must be shown to be necessary.

2023-A5704 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5704
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced by M. of A. BARRETT, THIELE, KELLES, NORRIS, WOERNER, RIVERA,
   WALLACE,  BRABENEC,  SMITH,  J. A. GIGLIO, EPSTEIN, MEEKS, GANDOLFO --
   read once and referred to the Committee on Housing
 
 AN ACT to amend the real property law, in relation to increases of  rent
   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-b of the real property law, as added by section
 12 of part O of chapter 36 of the laws of 2019, is amended by adding two
 new subdivisions 9 and 10 to read as follows:
   9. WHEN A MANUFACTURED HOME PARK OWNER NOTIFIES THE MANUFACTURED HOME-
 OWNERS IN THE PARK OF A RENT OR FEE INCREASE  AND  THE  INCREASE  IS  IN
 EXCESS  OF  THREE  PERCENT ABOVE THE CURRENT RENT, THE MANUFACTURED HOME
 PARK OWNER SHALL PROVIDE A WRITTEN JUSTIFICATION FOR THE  INCREASE  THAT
 COMPLIES  WITH  THIS  SECTION  AND  MAKE  AVAILABLE  TO ANY RESIDENT, BY
 REQUEST, DOCUMENTATION THAT SHOW THE COSTS AND COMMENCEMENT OF WORK THAT
 JUSTIFY THE RENT INCREASE PURSUANT TO THIS SECTION, AS APPLICABLE.
   10. IN ORDER FOR AN INCREASE IN COSTS TO JUSTIFY A RENT INCREASE ABOVE
 THREE PERCENT PURSUANT TO PARAGRAPH (A) OR (C)  OF  SUBDIVISION  TWO  OF
 THIS  SECTION  FOR  COSTS  INCURRED  FOR ORDINARY MAINTENANCE, INCLUDING
 PREVENTIVE MAINTENANCE, OR REPAIR OF THE ROADS, INFRASTRUCTURE, OR OTHER
 COMMUNITY PROPERTY OR SERVICES, THE  COMMUNITY  OWNER  MUST  DEMONSTRATE
 THAT  THE  WORK  PERFORMED  WAS  NECESSARY TO MEET THE COMMUNITY OWNER'S
 WARRANTY OF HABITABILITY OBLIGATIONS UNDER SUBDIVISION M OF SECTION  TWO
 HUNDRED  THIRTY-THREE  OF  THIS  ARTICLE,  AND DEMONSTRATE THAT THE RENT
 INCREASE IMPOSED WAS NO MORE THAN WAS NECESSARY TO  COVER THE ACTUAL AND
 REASONABLE COST OF THE WORK PERFORMED.
   § 2 Section 233-b of the real property law, as added by chapter 654 of
 the laws of 2019, is renumbered section 233-c.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01419-01-3

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