Legislation
SECTION 344-B
Conversion procedure
Real Property (RPP) CHAPTER 50, ARTICLE 9-E
* § 344-b. Conversion procedure. (a) A manufactured home shall be
deemed to be real property and shall be governed by the laws applicable
thereto when the following conditions are satisfied:
(i) The manufactured home shall be affixed to a permanent foundation;
(ii) The ownership interests in the manufactured home and the real
property to which the manufactured home is or shall be affixed shall be
identical, provided, however, that the owner of the manufactured home,
if not the owner of the real property, is in possession of the real
property under the terms of a lease in recordable form, and the owner
has the written consent of the lessor of the real property; and
(iii) Each person having an ownership interest in such home shall
execute and record with the recording officer of the county or counties
in which the real property is located an affidavit of affixation as
provided in section three hundred forty-four-c of this article, and
satisfy the other applicable requirements of this article.
(b) Upon receipt of the recorded original affidavit of affixation
pursuant to section three hundred forty-four-e of this article, any
person designated therein for filing with the commissioner of motor
vehicles shall file the recorded original affidavit of affixation with
the commissioner.
(i) In the case where the home is covered by a manufacturer's
certificate of origin, the recorded original affidavit of affixation and
the original manufacturer's certificate of origin shall be filed with
the commissioner pursuant to section twenty-one hundred seventeen-a of
the vehicle and traffic law.
(ii) In the case the home is covered by a certificate of title, the
recorded original affidavit of affixation and the original certificate
of title shall be filed with the commissioner in accordance with section
twenty-one hundred seventeen-b of the vehicle and traffic law.
(iii) In the case the home is not covered by a manufacturer's
certificate of origin or a certificate of title, or where a manufactured
home that is covered by a manufacturer's certificate of origin or
certificate of title but which the owner or owners, after diligent
search and inquiry, are unable to produce, the recorded original
affidavit of affixation shall be filed with the commissioner in
accordance with section twenty-one hundred seventeen-c of the vehicle
and traffic law.
* NB Effective December 12, 2026
deemed to be real property and shall be governed by the laws applicable
thereto when the following conditions are satisfied:
(i) The manufactured home shall be affixed to a permanent foundation;
(ii) The ownership interests in the manufactured home and the real
property to which the manufactured home is or shall be affixed shall be
identical, provided, however, that the owner of the manufactured home,
if not the owner of the real property, is in possession of the real
property under the terms of a lease in recordable form, and the owner
has the written consent of the lessor of the real property; and
(iii) Each person having an ownership interest in such home shall
execute and record with the recording officer of the county or counties
in which the real property is located an affidavit of affixation as
provided in section three hundred forty-four-c of this article, and
satisfy the other applicable requirements of this article.
(b) Upon receipt of the recorded original affidavit of affixation
pursuant to section three hundred forty-four-e of this article, any
person designated therein for filing with the commissioner of motor
vehicles shall file the recorded original affidavit of affixation with
the commissioner.
(i) In the case where the home is covered by a manufacturer's
certificate of origin, the recorded original affidavit of affixation and
the original manufacturer's certificate of origin shall be filed with
the commissioner pursuant to section twenty-one hundred seventeen-a of
the vehicle and traffic law.
(ii) In the case the home is covered by a certificate of title, the
recorded original affidavit of affixation and the original certificate
of title shall be filed with the commissioner in accordance with section
twenty-one hundred seventeen-b of the vehicle and traffic law.
(iii) In the case the home is not covered by a manufacturer's
certificate of origin or a certificate of title, or where a manufactured
home that is covered by a manufacturer's certificate of origin or
certificate of title but which the owner or owners, after diligent
search and inquiry, are unable to produce, the recorded original
affidavit of affixation shall be filed with the commissioner in
accordance with section twenty-one hundred seventeen-c of the vehicle
and traffic law.
* NB Effective December 12, 2026