S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3429
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. CORWIN -- read once and referred to the Committee
         on Housing
       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:
    1    Section 1.  Section 233 of the real property law, as amended by  chap-
    2  ter 566 of the laws of 1996, paragraph 6 of subdivision b as amended and
    3  subdivision  x  as added by chapter 561 of the laws of 2008, paragraph 1
    4  of subdivision f as amended by chapter 48 of the laws of 1998, paragraph
    5  5 of subdivision f as added by chapter 103 of the laws of 1996, subdivi-
    6  sion w as amended by section 18 of part B of chapter 389 of the laws  of
    7  1997,  and paragraph 3-a of subdivision w as added by chapter 405 of the
    8  laws of 2001, is amended to read as follows:
    9    S 233. Manufactured home parks; duties, responsibilities. a.  Wherever
   10  used in this section:
   11    1.  The term "manufactured home [tenant] RESIDENT" means one who rents
   12  space in a manufactured home park from a manufactured home park owner or
   13  operator for the purpose of parking his OR HER manufactured home or  one
   14  who  rents  a manufactured home in a manufactured home park from a manu-
   15  factured home park owner or operator.
   16    2. The term "manufactured home owner" means one who holds title  to  a
   17  manufactured home.
   18    3.  The  term  "manufactured  home  park" means a contiguous parcel of
   19  privately owned land which is used for the  accommodation  of  three  or
   20  more manufactured homes occupied for year-round living.
   21    4.  The  term  "manufactured home" means a structure, transportable in
   22  one or more sections, which in the traveling mode, is eight body feet or
   23  more in width or forty body feet or more in length, or, when erected  on
   24  site, is three hundred twenty or more square feet, and which is built on
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04874-01-5
       A. 3429                             2
    1  a  permanent chassis and designed to be used as a dwelling with or with-
    2  out a permanent foundation when connected to the required utilities, and
    3  includes the plumbing, heating, air-conditioning, and electrical systems
    4  contained  therein;  except that such term shall include a "mobile home"
    5  as defined in paragraph five OF THIS SUBDIVISION, and  shall  include  a
    6  structure  which  meets  all the requirements of this subdivision except
    7  the size requirements and with respect to which the manufacturer  volun-
    8  tarily  files  a  certification required by the secretary of housing and
    9  urban development.
   10    5. The term "mobile home" means a moveable or portable unit,  manufac-
   11  tured prior to January first, nineteen hundred seventy-six, designed and
   12  constructed  to  be  towed  on  its  own chassis, comprised of frame and
   13  wheels, connected to utilities, and designed and constructed  without  a
   14  permanent  foundation  for  year-round  living. A unit may contain parts
   15  that may be  folded,  collapsed  or  telescoped  when  being  towed  and
   16  expanded  later  to  provide additional cubic capacity as well as two or
   17  more separately towable components designed to be joined into one  inte-
   18  gral  unit  capable  of  being  again  separated into the components for
   19  repeated towing. "Mobile home" shall mean  units  designed  to  be  used
   20  exclusively for residential purposes, excluding travel trailers.
   21    6. THE TERM "RESIDENT'S BILL OF RIGHTS" MEANS A DOCUMENT PUBLISHED AND
   22  DISSEMINATED  BY  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL SETTING
   23  FORTH THE PROVISIONS OF THIS SECTION.
   24    b. A manufactured home park owner or operator may not evict a manufac-
   25  tured home [tenant] RESIDENT other than for the following reasons:
   26    1. The manufactured home [tenant] RESIDENT continues in possession  of
   27  any  portion  of  the  premises  after the expiration of his OR HER term
   28  without the permission of the manufactured home park owner or operator.
   29    2. The manufactured  home  [tenant]  RESIDENT  has  defaulted  in  the
   30  payment  of rent, pursuant to the agreement under which the premises are
   31  held, and a demand of the rent with at least thirty days notice in writ-
   32  ing has been served upon [him] SUCH RESIDENT as  prescribed  in  section
   33  seven  hundred  thirty-five of the real property actions and proceedings
   34  law. Upon the acceptance of such delinquent rent together with allowable
   35  costs, an action instituted for nonpayment of rent shall be  terminated.
   36  Any  person succeeding to the manufactured home park owner or operator's
   37  interest in the premises may proceed under this subdivision for rent due
   38  [his] THE predecessor in interest if he OR SHE has a right thereto.
   39    3. The premises, or any part  thereof,  are  used  or  occupied  as  a
   40  bawdy-house,  or  house or place of assignation for lewd purposes or for
   41  purposes of prostitution, or for any illegal trade or business.
   42    4. The manufactured home [tenant] RESIDENT is  in  violation  of  some
   43  federal, state or local law or ordinance which may be deemed detrimental
   44  to  the safety and welfare of the other persons residing in the manufac-
   45  tured home park.
   46    5. The manufactured home [tenant] RESIDENT  or  anyone  occupying  the
   47  manufactured  home  is  in  violation of any lease term or rule or regu-
   48  lation established by the  manufactured  home  park  owner  or  operator
   49  pursuant  to  this section, and has continued in violation for more than
   50  ten days after the manufactured home park owner or  operator  has  given
   51  written notice of such violation to the manufactured home [tenant] RESI-
   52  DENT  setting  forth  the  lease term or rule or regulation violated and
   53  directing that the manufactured home [tenant] RESIDENT correct or  cease
   54  violation  of such lease term or rule or regulation within ten days from
   55  the receipt of said notice. Upon the expiration of  such  period  should
   56  the violation continue or should the manufactured home [tenant] RESIDENT
       A. 3429                             3
    1  or  anyone occupying the manufactured home be deemed a persistent viola-
    2  tor of the lease term or rules and regulations, the park owner or opera-
    3  tor may serve written notice upon the manufactured home  [tenant]  RESI-
    4  DENT directing that [he] SUCH RESIDENT vacate the premises within thirty
    5  days of the receipt of said notice.
    6    6.  (i) The manufactured home park owner or operator proposes a change
    7  in the use of the land comprising  the  manufactured  home  park,  or  a
    8  portion  thereof,  on which the manufactured home is located, from manu-
    9  factured home lot rentals to some other use, provided  the  manufactured
   10  home owner is given written notice of the proposed change of use and the
   11  manufactured  home owner's need to secure other accommodations. Whenever
   12  a manufactured home park owner or operator gives a  notice  of  proposed
   13  change of use to any manufactured home owner, the manufactured home park
   14  owner  or  operator shall, at the same time, give notice of the proposed
   15  change of use to all other manufactured home owners in the  manufactured
   16  home  park  who  will  be  required  to secure other accommodations as a
   17  result of such proposed change of use.  Eviction proceedings based on  a
   18  change  in  use  shall  not  be  commenced  prior to six months from the
   19  service of notice of proposed change in use or  the  end  of  the  lease
   20  term,  whichever  is  later.  Such  notice shall be served in the manner
   21  prescribed in section seven hundred thirty-five  of  the  real  property
   22  actions  and  proceedings  law  or  by  certified  mail,  return receipt
   23  requested.
   24    (ii) Where a purchaser of a manufactured home park certified that such
   25  purchaser did not intend to change the use of the land pursuant to para-
   26  graph (b) of subdivision two of section two  hundred  thirty-three-a  of
   27  this  article, no eviction proceedings based on a change of use shall be
   28  commenced until the expiration of sixty months  from  the  date  of  the
   29  closing on the sale of the park.
   30    c.  If  the manufactured home park owner or operator does not have one
   31  of the above grounds available, the manufactured home [tenant]  RESIDENT
   32  may raise the same by affirmative defense to an action for eviction.
   33    d.  The  proceedings  to evict shall be governed by the procedures set
   34  forth in article seven of the real property actions and proceedings law,
   35  except for the provisions of subdivision two of  section  seven  hundred
   36  forty-nine  of the real property actions and proceedings law which shall
   37  be superseded by the provisions of this subdivision.
   38    1. The officer to whom the warrant is  directed  and  delivered  shall
   39  give  at  least  ninety  days  notice,  in  writing  and  in  the manner
   40  prescribed in article seven of the real property actions and proceedings
   41  law for the service of notice of petition, to the person or  persons  to
   42  be  evicted  or  dispossessed  and shall execute the warrant between the
   43  hours of sunrise and sunset.
   44    2. The court may order that such warrant  be  directed  and  delivered
   45  with  only  thirty  days  written  notice to the person or persons to be
   46  evicted or dispossessed if the conditions upon  which  the  eviction  is
   47  founded pose an imminent threat to the health, safety, or welfare of the
   48  other  manufactured  home  [tenants]  RESIDENTS in the manufactured home
   49  park.
   50    3. The court shall order that such warrant be directed  and  delivered
   51  with  thirty  days written notice to the person or persons to be evicted
   52  or dispossessed if the condition upon which the eviction is  founded  is
   53  that such person is in default in the payment of rent.
   54    4.  Notwithstanding  the  provisions of paragraphs one and two of this
   55  subdivision, nor of any other general, special or  local  law,  rule  or
   56  regulation  to the contrary, the officer to whom the warrant is directed
       A. 3429                             4
    1  and delivered shall give seventy-two hours written notice to the  person
    2  or  persons  to  be  evicted  or dispossessed, if such person or persons
    3  rents a manufactured home in a manufactured home park  from  a  manufac-
    4  tured  home  park  owner or operator and such officer shall execute such
    5  warrant between the hours of sunrise and sunset.
    6    e. [Leases.] 1. The manufactured home park  owner  or  operator  shall
    7  offer  every manufactured home [tenant] RESIDENT prior to occupancy, the
    8  opportunity to sign a lease for a minimum of one year, which offer shall
    9  be made in writing.
   10    2. (i) On or before, as appropriate, (a) the first day of  October  of
   11  each  calendar  year  with  respect to a manufactured home owner then in
   12  good standing who is not currently a party to a  written  lease  with  a
   13  manufactured  home  park owner or operator or (b) the ninetieth day next
   14  preceding the expiration date of any existing written  lease  between  a
   15  manufactured  home  owner  then in good standing and a manufactured home
   16  park owner or operator, the manufactured home  park  owner  or  operator
   17  shall  submit  to  each  such manufactured home owner a written offer to
   18  lease for a term of at least twelve months from  the  commencement  date
   19  thereof  unless  the manufactured home park owner or operator has previ-
   20  ously furnished the manufactured home owner with written notification of
   21  a proposed change of use pursuant to paragraph six of subdivision  b  of
   22  this  section. Any such offer shall include a copy of the proposed lease
   23  containing such terms and conditions, including provisions for rent  and
   24  other  charges, as the manufactured home park owner shall deem appropri-
   25  ate; provided such terms and conditions are consistent  with  all  rules
   26  and regulations promulgated by the manufactured home park operator prior
   27  to  the date of the offer and are not otherwise prohibited or limited by
   28  applicable law. Such offer shall also contain a statement  advising  the
   29  manufactured  home  owner  that if he or she fails to execute and return
   30  the lease to the manufactured home park owner or operator within  thirty
   31  days  after  submission of such lease, the manufactured home owner shall
   32  be deemed to have declined the offer of a lease and shall not  have  any
   33  right  to  a lease from the manufactured home park owner or operator for
   34  the next succeeding twelve months.
   35    (ii) For purposes of this paragraph, a manufactured home  owner  shall
   36  be deemed in good standing if he or she is not in default in the payment
   37  of  more  than one month's rent to the manufactured home park owner, and
   38  is not in violation of paragraph three, four or five of subdivision b of
   39  this section. No manufactured home park owner or operator  shall  refuse
   40  to  provide a written offer to lease based on a default of rent payments
   41  or a violation of paragraph three, four or five of subdivision b of this
   42  section unless, at least thirty days prior to the last date on which the
   43  owner or operator would otherwise be required to  provide  such  written
   44  offer  to  lease,  the  owner or operator notifies the manufactured home
   45  owner, in writing, of the  default  in  rent  or  the  specific  grounds
   46  constituting  the  violation and such grounds continues up and until the
   47  fifth calendar day immediately preceding the  last  date  on  which  the
   48  written offer would otherwise be required to be made.
   49    (iii)  For  purposes  of  this paragraph, the commencement date of any
   50  lease offered by the manufactured home park owner  to  the  manufactured
   51  home  owner  shall  be  the  ninetieth day after the date upon which the
   52  manufactured home park owner shall  have  provided  the  offer  required
   53  pursuant  to this paragraph; provided, however, that no such lease shall
   54  be effective if, on such commencement date, the manufactured home  owner
   55  is  in  default of more than one month's rent. In the event the manufac-
   56  tured home owner shall have failed to execute and return said  lease  to
       A. 3429                             5
    1  the manufactured home park owner or operator within thirty days after it
    2  is  submitted to the manufactured home owner as required by subparagraph
    3  (i) of this paragraph the manufactured home owner  shall  be  deemed  to
    4  have declined to enter said lease.
    5    3.  No  lease  provision  shall be inconsistent with any rule or regu-
    6  lation in effect at the commencement of the lease.
    7    f. [Rules and regulations.] 1. A manufactured home park owner or oper-
    8  ator may promulgate rules and regulations governing the rental or  occu-
    9  pancy  of  a  manufactured  home lot provided such rules and regulations
   10  shall not be unreasonable, arbitrary or capricious. A copy of all  rules
   11  and  regulations  shall be delivered by the manufactured home park owner
   12  or operator to all manufactured home [tenants]  RESIDENTS  at  the  same
   13  time  such owner or operator initially offers the written lease provided
   14  for in subdivision e of this section. A copy  of  the  rules  and  regu-
   15  lations  shall  be  posted  in a conspicuous place upon the manufactured
   16  home park grounds.
   17    2. If a rule or regulation is not applied uniformly  to  all  manufac-
   18  tured home [tenants] RESIDENTS of the manufactured home park there shall
   19  be  a  rebuttable  presumption that such rule or regulation is unreason-
   20  able, arbitrary and capricious, provided, however, that an inconsistency
   21  between a rule or regulation and a  lease  term  contained  in  a  lease
   22  signed  before  the  date  the rule or regulation is effective shall not
   23  raise a rebuttable presumption that such rule is unreasonable, arbitrary
   24  or capricious.
   25    3. Any rule or regulation which does not conform to  the  requirements
   26  of  this section or which has not been supplied or posted as required by
   27  paragraph one of this subdivision shall  be  unenforceable  and  may  be
   28  raised  by  the  manufactured  home  [tenant] RESIDENT as an affirmative
   29  defense in any action to evict on the basis of a violation of such  rule
   30  or regulation.
   31    4.  No  rules  or  regulations may be changed by the manufactured home
   32  park owner or operator without specifying the date of implementation  of
   33  said  changed  rules  and regulations, which date shall be no fewer than
   34  thirty days after written notice to all [tenants] RESIDENTS.
   35    5. A [mobile] MANUFACTURED home park owner or operator may not prohib-
   36  it the placement of a for sale sign on any [mobile] MANUFACTURED home. A
   37  rule or regulation may be promulgated limiting the maximum size of  such
   38  sign; provided, that it does not prohibit signs the size of which do not
   39  exceed the smaller of three feet by two feet or the maximum size allowed
   40  by law or governmental regulation or ordinance, if any.
   41    g. 1. No [tenant] RESIDENT shall be charged a fee for other than rent,
   42  utilities  and  charges  for  facilities  and  services available to the
   43  [tenant] RESIDENT. All fees, charges or assessments must  be  reasonably
   44  related to services actually rendered.
   45    2.  A  manufactured  home  park owner or operator shall be required to
   46  fully disclose in writing  all  fees,  charges,  assessments,  including
   47  rental fees, rules and regulations prior to a manufactured home [tenant]
   48  RESIDENT assuming occupancy in the manufactured home park.
   49    3.  No fees, charges, assessments or rental fees may be increased by A
   50  manufactured home park owner or operator without specifying the date  of
   51  implementation  of  said fees, charges, assessments or rental fees which
   52  date shall be no less than ninety days after written notice to all manu-
   53  factured home [tenants] RESIDENTS.  Failure on the part of the  manufac-
   54  tured home park owner or operator to fully disclose all fees, charges or
   55  assessments  shall  prevent the manufactured home park owner or operator
   56  from collecting said fees, charges or assessments, and  refusal  by  the
       A. 3429                             6
    1  manufactured home [tenant] RESIDENT to pay any undisclosed charges shall
    2  not  be  used by the manufactured home park owner or operator as a cause
    3  for eviction in any court of law.
    4    4.  (a) Whenever money shall be deposited or advanced on a contract or
    5  license agreement for the use or rental of premises and the manufactured
    6  home, if rented, in a manufactured home park as security for performance
    7  of the contract or agreement or to be  applied  to  payments  upon  such
    8  contract or agreement when due, such money with interest accruing there-
    9  on,  if  any, until repaid or so applied, shall continue to be the money
   10  of the person making such deposit or advance and shall be a  trust  fund
   11  in  the possession of the person with whom such deposit or advance shall
   12  be made and shall not be mingled with other funds or become an asset  of
   13  the park owner, operator or his OR HER agent.
   14    (b) Whenever the person receiving money so deposited or advanced shall
   15  deposit such money in a banking organization, such person shall thereup-
   16  on notify in writing each of the persons making such security deposit or
   17  advance,  giving  the  name  and  address of the banking organization in
   18  which the deposit of security money is made,  and  the  amount  of  such
   19  deposit.  Deposits  in a banking organization pursuant to the provisions
   20  of this subdivision shall be made in a  banking  organization  having  a
   21  place  of business within the state. If the person depositing such secu-
   22  rity money in a banking organization shall deposit same in  an  interest
   23  bearing  account,  he  OR  SHE shall be entitled to receive, as adminis-
   24  tration expenses, a sum equivalent to one percent  per  annum  upon  the
   25  security  money so deposited, which shall be in lieu of all other admin-
   26  istrative and custodial expenses. The balances of the interest  paid  by
   27  the  banking  organization  shall  be the money of the person making the
   28  deposit or advance and shall either be held in trust by the person  with
   29  whom  such deposit or advance shall be made, until repaid or applied for
   30  the use or rental of the leased premises, or annually paid to the person
   31  making the deposit of security money.
   32    (c) Whenever the money so deposited or advanced is for the rental of a
   33  manufactured home park lot on property on which are located six or  more
   34  manufactured  home  park  lots,  the  person receiving such money shall,
   35  subject to the provisions of this section, deposit  it  in  an  interest
   36  bearing account in a banking organization within the state which account
   37  shall  earn interest at a rate which shall be the prevailing rate earned
   38  by other such deposits made with the banking organizations in such area.
   39    (d) In the event that a lease terminates other than at the time that a
   40  banking organization in such area regularly pays  interest,  the  person
   41  depositing such security money shall pay over to his OR HER manufactured
   42  home  [tenant] RESIDENT such interest as he OR SHE is able to collect at
   43  the date of such lease termination.
   44    (e) Any provision of such a contract or agreement whereby a person who
   45  so deposits or advances money waives any provision of  this  subdivision
   46  is void.
   47    h. No manufactured home park owner shall:
   48    1.  Require  a manufactured home [tenant] RESIDENT therein to purchase
   49  from said manufactured home park owner or operator skirting or equipment
   50  for tying down manufactured homes, or any other equipment. However,  the
   51  manufactured  home park owner or operator may determine by rule or regu-
   52  lation the style or quality of such equipment to  be  purchased  by  the
   53  manufactured  home [tenant] RESIDENT from the vendor of the manufactured
   54  home [tenant's] RESIDENT'S choosing, providing such equipment is readily
   55  available.
       A. 3429                             7
    1    2. Charge any manufactured  home  [tenant]  RESIDENT  who  chooses  to
    2  install  an electric or gas appliance in his OR HER manufactured home an
    3  additional fee solely on the basis  of  such  installation  unless  such
    4  installation  is performed by the manufactured home park owner or opera-
    5  tor at the request of the manufactured home [tenant] RESIDENT, nor shall
    6  the  manufactured home park owner or operator restrict the installation,
    7  service or maintenance of any such appliance, restrict  the  ingress  or
    8  egress  of repairers to enter the manufactured home park for the purpose
    9  of installation, service  or  maintenance  of  any  such  appliance,  or
   10  restrict  the  making  of  any interior improvement in such manufactured
   11  home, so long as such an installation or improvement  is  in  compliance
   12  with  applicable  building codes and other provisions of law and further
   13  provided that adequate utilities are available for such installation  or
   14  improvement.
   15    3. Require, by contract, rule, regulation or otherwise, a manufactured
   16  home  dweller  to  purchase from the manufactured home park owner or any
   17  person acting directly or  indirectly  on  behalf  of  the  park  owner,
   18  commodities  or  services  incidental to placement or rental within such
   19  park; nor shall the park owner restrict access to the manufactured  home
   20  park  to  any person employed, retained or requested by the manufactured
   21  home dweller to provide such commodity or service, unless  the  manufac-
   22  tured  home  park owner establishes that such requirement or restriction
   23  is necessary to protect the property of such park owner from substantial
   24  harm or impairment.
   25    4. Require a manufactured home owner  or  a  prospective  manufactured
   26  home  owner  to  purchase his or her manufactured home from the manufac-
   27  tured home park owner or operator, or from any person or persons  desig-
   28  nated  by  the  manufactured home park owner or operator. Nothing herein
   29  shall be construed to prevent a manufactured home park owner or operator
   30  from requiring that any new manufactured home to be installed in his  or
   31  her manufactured home park comply with the rules and regulations of said
   32  manufactured home park or conform to the physical facilities then exist-
   33  ing  for  installation  of a manufactured home in said manufactured home
   34  park.
   35    i. 1. No manufactured home park owner or operator shall deny any manu-
   36  factured home [tenant] RESIDENT the right to sell his  OR  HER  manufac-
   37  tured  home  within the manufactured home park provided the manufactured
   38  home [tenant] RESIDENT shall give to the manufactured home park owner or
   39  operator twenty days' written notice of his OR HER  intention  to  sell,
   40  provided  that if the manufactured home owner is deceased no such notice
   41  shall be required from the administrator or executor of the home owner's
   42  estate, and provided further that no manufactured  home  park  owner  or
   43  operator  shall  restrict  access  to  the manufactured home park to any
   44  potential purchaser or representatives of any seller unless the manufac-
   45  tured home park owner establishes that such restriction is necessary  to
   46  protect  the  property  of  such park owner or operator from substantial
   47  harm or impairment. No manufactured home park owner  or  operator  shall
   48  require  the  manufactured  home owner or subsequent purchaser to remove
   49  the manufactured home from the manufactured  home  park  solely  on  the
   50  basis  of the sale thereof. The manufactured home park owner or operator
   51  may reserve the right to approve the purchaser of said manufactured home
   52  as a manufactured home [tenant] RESIDENT for the remainder of the  sell-
   53  er's  or deceased [tenant's] RESIDENT'S term but such permission may not
   54  be unreasonably withheld. If the manufactured home park owner or  opera-
   55  tor  unreasonably  withholds  his  OR  HER  permission  or  unreasonably
   56  restricts access to the manufactured home park,  the  manufactured  home
       A. 3429                             8
    1  [tenant]  RESIDENT  or  the  executor  or  administrator  of  a deceased
    2  [tenant's] RESIDENT'S estate may recover the costs  of  the  proceedings
    3  and attorneys' fees if it is found that the manufactured home park owner
    4  or  operator acted in bad faith by withholding permission or restricting
    5  access.
    6    2. The manufactured home park owner or  operator  shall  not  exact  a
    7  commission  or  fee  with  respect  to  the price realized by the seller
    8  unless the manufactured home park owner or operator has acted  as  agent
    9  for  the  manufactured  home  owner  in  the  sale pursuant to a written
   10  contract.
   11    3. If the ownership or management rejects a purchaser as a prospective
   12  [tenant] RESIDENT, the selling [tenant] RESIDENT  must  be  informed  in
   13  writing of the reasons therefor.
   14    j. The owner or operator of a manufactured home park may enter a manu-
   15  factured home owner's manufactured home without the prior consent of the
   16  occupant  only in case of emergency. The owner or operator of a manufac-
   17  tured home park may enter  a  manufactured  home  [tenant's]  RESIDENT'S
   18  manufactured home during reasonable hours on reasonable notice.
   19    k. The owner or operator shall provide reasonable notice where practi-
   20  cable to all manufactured home [tenants] RESIDENTS who would be affected
   21  by  any  planned  disruption  of necessary services caused by the owner,
   22  operator or his OR HER agent.
   23    l. The park owner shall designate an agent on the premises or in close
   24  proximity to the manufactured home park to insure  the  availability  of
   25  emergency  response  actions  in  matters  affecting the health, safety,
   26  well-being and welfare of manufactured home [tenants] RESIDENTS  in  the
   27  park. The designated agent's name, address and telephone number shall be
   28  posted  in  a conspicuous location in the park, given in writing to each
   29  [tenant] RESIDENT and registered with appropriate county law enforcement
   30  and health officials and local fire officials.
   31    m. [Warranty of habitability, maintenance, disruption of services.] In
   32  every written or oral lease or rental agreement entered into by a  manu-
   33  factured  home  [tenant]  RESIDENT,  the manufactured home park owner or
   34  operator shall be deemed to covenant and warrant that  the  premises  so
   35  leased  or rented and the manufactured home if rented and all areas used
   36  in connection therewith in common with other manufactured home  [tenants
   37  or]  residents including all roads within the manufactured home park are
   38  fit for human habitation and for the uses  reasonably  intended  by  the
   39  parties  and  that  the occupants of such premises and such manufactured
   40  homes if rented shall not be subjected to any conditions which would  be
   41  dangerous,  hazardous  or  detrimental  to their life, health or safety.
   42  When any such condition has been caused by the misconduct of  the  manu-
   43  factured  home  [tenant]  RESIDENT or lessee or persons under his OR HER
   44  direction or control, it shall not constitute a breach of such covenants
   45  and warranties. The rights and obligations of the manufactured home park
   46  owner or operator and the manufactured home [tenant] RESIDENT  shall  be
   47  governed  by the provisions of this subdivision and subdivisions two and
   48  three of section two hundred thirty-five-b of this article.
   49    n. 1. No manufactured home park owner or operator shall serve a notice
   50  to quit upon any manufactured home [tenant]  RESIDENT  or  commence  any
   51  action  to  recover  real  property  or  summary  proceeding  to recover
   52  possession of real property in retaliation for:
   53    (a) A good faith complaint, by or in behalf of the [tenant]  RESIDENT,
   54  to  a  governmental  authority  of the manufactured home park owner's or
   55  operator's alleged violation of any health or  safety  law,  regulation,
       A. 3429                             9
    1  code,  or ordinance, or any law or regulation which has as its objective
    2  the regulation of premises used for dwelling purposes; or
    3    (b)  Actions  taken in good faith, by or in behalf of the manufactured
    4  home [tenant] RESIDENT, to secure or enforce any rights under the  lease
    5  or  rental  agreement,  under subdivision m of this section and subdivi-
    6  sions two and three of section two hundred thirty-five-b of  this  arti-
    7  cle,  or  under any other local law, law of the state of New York, or of
    8  its governmental subdivisions, or of the United States which has as  its
    9  objective the regulation of premises used for dwelling purposes; or
   10    (c)  The  manufactured home [tenant's] RESIDENT'S participation in the
   11  activities of a [tenant's] RESIDENT'S organization.
   12    2. No manufactured home park owner  or  operator  shall  substantially
   13  alter  the terms of the tenancy in retaliation for any actions set forth
   14  in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
   15  Substantial alteration shall include, but is not limited to, the refusal
   16  to continue a tenancy of the manufactured  home  [tenant]  RESIDENT  or,
   17  upon  expiration  of  the  manufactured home owner's lease, to renew the
   18  lease or offer a new lease; provided, however, that a manufactured  home
   19  park  owner  or operator shall not be required under this subdivision to
   20  offer a manufactured home owner a new lease or a  lease  renewal  for  a
   21  term greater than one year.
   22    3.  This  subdivision  shall apply to all manufactured home parks with
   23  four or more manufactured homes. However, its provisions  shall  not  be
   24  given  effect  in any case in which it is established that the condition
   25  from which the complaint or action arose was caused by the  manufactured
   26  home  [tenant]  RESIDENT,  a  member of the manufactured home [tenant's]
   27  RESIDENT'S household, or a guest of the manufactured home [tenant] RESI-
   28  DENT.  Nor shall it apply in a  case  where  a  tenancy  was  terminated
   29  pursuant  to the terms of a lease as a result of a bona fide transfer of
   30  ownership. The rights and obligations  of  the  manufactured  home  park
   31  owner  or  operator and the manufactured home [tenant] RESIDENT shall be
   32  governed by the provisions of this subdivision and  subdivisions  three,
   33  four and five of section two hundred twenty-three-b of this article.
   34    o.  Whenever  a  lease  shall  provide  that  in any action or summary
   35  proceeding the manufactured home park  owner  or  operator  may  recover
   36  attorney's fees and/or expenses incurred as the result of the failure of
   37  the  [tenant] RESIDENT to perform any covenant or agreement contained in
   38  such lease, or that amounts paid by the manufactured home park owner  or
   39  operator  therefor  shall be paid by the [tenant] RESIDENT as additional
   40  rent, there shall be implied in such lease a covenant  by  the  manufac-
   41  tured  home  park owner or operator, to pay to the [tenant] RESIDENT the
   42  reasonable attorney's fees and/or  expenses  incurred  by  the  [tenant]
   43  RESIDENT  to the same extent as is provided in section two hundred thir-
   44  ty-four of this article which section shall apply in its entirety.
   45    p. Any manufactured home park owner or  operator  who  has  agreed  to
   46  provide  hot  or cold water, heat, light, power, or any other service or
   47  facility to any occupant of the manufactured home park who willfully  or
   48  intentionally  without  just  cause  fails  to furnish such water, heat,
   49  light, power, or other service or facility, or who interferes  with  the
   50  quiet enjoyment of the leased premises, is guilty of a violation.
   51    q.  Upon  receipt  of rent, fees, charges or other assessments, in the
   52  form of cash or any instrument other than  the  personal  check  of  the
   53  [tenant]  RESIDENT,  it  shall be the duty of the manufactured home park
   54  owner or operator to provide the payor with a written receipt containing
   55  the following:
   56    1. the date;
       A. 3429                            10
    1    2. the amount;
    2    3. the identity of the premises and the period for which paid;
    3    4. the signature and title of the person receiving rent.
    4    r.  [Limitation  on late charges.] A late charge on any rental payment
    5  by a manufactured home owner which has become  due  and  remains  unpaid
    6  shall  not exceed and shall be enforced to the extent of five percent of
    7  such delinquent payment; provided, however,  that  no  charge  shall  be
    8  imposed  on  any  rental  payment  by a manufactured home owner received
    9  within ten days after the  due  date.  In  the  absence  of  a  specific
   10  provision  in  the lease or the manufactured home park's rules and regu-
   11  lations, no late charge  on  any  delinquent  rental  payment  shall  be
   12  assessed or collected.
   13    s.  It shall be a violation for a manufactured home park owner, opera-
   14  tor or his OR HER agent to restrict occupancy of a manufactured home  or
   15  manufactured  home park lot intended for residential purposes by express
   16  lease terms or otherwise, to a manufactured home  [tenant]  RESIDENT  or
   17  [tenants] RESIDENTS or to such [tenants] RESIDENTS and immediate family.
   18  Any  such  restriction  in  a  lease or rental agreement entered into or
   19  renewed before or after the effective date of this subdivision shall  be
   20  unenforceable  as against public policy. The rights and obligations of a
   21  manufactured home park owner  or  operator  and  the  manufactured  home
   22  [tenant]  RESIDENT  shall be governed by the provisions of this subdivi-
   23  sion and subdivisions one, three, four, five, six, seven, eight and nine
   24  of section two hundred thirty-five-f of this article.
   25    t. 1. Unless a greater right to assign is conferred by  the  lease,  a
   26  manufactured  home  [tenant]  RESIDENT  may  not assign his OR HER lease
   27  without the written consent of the manufactured home park owner or oper-
   28  ator, which  consent  may  be  unconditionally  withheld  without  cause
   29  provided that the manufactured home park owner or operator shall release
   30  the  manufactured  home [tenant] RESIDENT from the lease upon request of
   31  the mobile home [tenant] RESIDENT upon thirty days notice if  the  manu-
   32  factured  home  park  owner  or  operator unreasonably withholds consent
   33  which release shall be the sole remedy of the [tenant] RESIDENT.  If the
   34  owner reasonably withholds consent, there shall be no assignment and the
   35  manufactured home [tenant] RESIDENT  shall  not  be  released  from  the
   36  lease.
   37    2.  (a) A manufactured home [tenant] RESIDENT renting space or a manu-
   38  factured home in a manufactured home park with four or more manufactured
   39  homes pursuant to an existing lease shall have a right to  sublease  his
   40  OR  HER  premises  subject  to  the written consent of the park owner in
   41  advance of the subletting. Such consent shall not be unreasonably  with-
   42  held.
   43    (b)  The manufactured home [tenant] RESIDENT shall inform the manufac-
   44  tured home park owner or operator of his OR HER intent  to  sublease  by
   45  mailing  a  notice  of  such  intent  by  certified mail, return receipt
   46  requested. Such request shall be accompanied by the  following  informa-
   47  tion:  (i)  the  term  of  the  sublease,  (ii) the name of the proposed
   48  sublessee, (iii) the business and permanent home address of the proposed
   49  sublessee, (iv) the [tenant's] RESIDENT'S reason for subletting, (v) the
   50  [tenant's] RESIDENT'S address for the term of  the  sublease,  (vi)  the
   51  written  consent  of  any  [co-tenant]  CO-RESIDENT  or guarantor of the
   52  lease, and (vii) a copy of the proposed sublease, to which a copy of the
   53  manufactured home [tenant's]  RESIDENT'S  lease  shall  be  attached  if
   54  available,  acknowledged  by the manufactured home [tenant] RESIDENT and
   55  proposed [subtenant] SUBRESIDENT as being a true copy of such sublease.
       A. 3429                            11
    1    (c) Within ten days after the mailing of such  request,  the  manufac-
    2  tured home park owner or operator may ask the manufactured home [tenant]
    3  RESIDENT for additional information as will enable the manufactured home
    4  park  owner  or operator to determine if rejection of such request shall
    5  be  unreasonable.  Any such request for additional information shall not
    6  be unduly burdensome. Within  thirty  days  after  the  mailing  of  the
    7  request  for  consent, or of the additional information reasonably asked
    8  for by the manufactured home park owner or operator, whichever is later,
    9  the manufactured home park owner or operator shall send a notice to  the
   10  manufactured  home  [tenant] RESIDENT of his OR HER consent or, if he OR
   11  SHE does not consent, his OR HER  reasons  therefor.  Manufactured  home
   12  park owner's or operator's failure to send such a notice shall be deemed
   13  to  be  a  consent  to the proposed subletting. If the manufactured home
   14  park owner or operator consents, the premises may be sublet  in  accord-
   15  ance with the request, but the manufactured home [tenant] RESIDENT ther-
   16  eunder, shall nevertheless remain liable for the performance of manufac-
   17  tured  home  [tenant's]  RESIDENT'S obligations under said lease. If the
   18  manufactured home park owner or operator reasonably  withholds  consent,
   19  there shall be no subletting and the manufactured home [tenant] RESIDENT
   20  shall  not  be  released  from  the lease. If the manufactured home park
   21  owner or operator unreasonably withholds consent, the manufactured  home
   22  [tenant]  RESIDENT  may  sublet  in  accordance with the request and may
   23  recover the costs of the proceeding and attorneys fees if  it  is  found
   24  that  the manufactured home park owner or operator acted in bad faith by
   25  withholding consent. The rights and obligations of the manufactured home
   26  park owner or operator and the manufactured home [tenant] RESIDENT shall
   27  be governed by the  provisions  of  this  subdivision  and  subdivisions
   28  three, five, six, seven and eight of section two hundred twenty-six-b of
   29  this article.
   30    u. In the event of a breach by a manufactured home park owner or oper-
   31  ator  of  any of the requirements of this section, the manufactured home
   32  [tenant] RESIDENT may commence an action for damages  actually  incurred
   33  as  a  result  of  such  breach,  or  in an action or summary proceeding
   34  commenced by such manufactured home park owner or operator, may counter-
   35  claim for damages occasioned by such breach.
   36    v. On and after April first, nineteen hundred eighty-nine, the commis-
   37  sioner of housing and community renewal shall have the power and duty to
   38  enforce and ensure compliance  with  the  provisions  of  this  section.
   39  However,  the  commissioner  shall not have the power or duty to enforce
   40  manufactured home park rules and regulations established under  subdivi-
   41  sion  f  of  this  section. On or before January first, nineteen hundred
   42  eighty-nine, each manufactured home park owner or operator shall file  a
   43  registration  statement  with the commissioner and shall thereafter file
   44  an annual registration statement on or  before  January  first  of  each
   45  succeeding  year.  The  commissioner,  by regulation, shall provide that
   46  such registration statement shall include only the names of all  persons
   47  owning  an interest in the park, the names of all [tenants] RESIDENTS of
   48  the park, all services provided by the park owner to the [tenants] RESI-
   49  DENTS and a copy of all current manufactured home park rules  and  regu-
   50  lations.  Whenever there shall be a violation of this section, an appli-
   51  cation may be made by the commissioner of housing and community  renewal
   52  in the name of the people of the state of New York to a court or justice
   53  having  jurisdiction by a special proceeding to issue an injunction, and
   54  upon notice to the defendant of not less than five days, to  enjoin  and
   55  restrain  the  continuance  of such violation; and if it shall appear to
   56  the satisfaction of the court or justice  that  the  defendant  has,  in
       A. 3429                            12
    1  fact,  violated  this section, an injunction may be issued by such court
    2  or justice, enjoining and restraining any  further  violation  and  with
    3  respect  to  this  subdivision,  directing  the filing of a registration
    4  statement.  In any such proceeding, the court may make allowances to the
    5  commissioner of housing and community renewal of a sum not exceeding two
    6  thousand dollars against each defendant, and direct restitution.   When-
    7  ever  the  court  shall  determine  that a violation of this section has
    8  occurred, the court may impose a civil penalty  of  not  more  than  one
    9  thousand  five hundred dollars for each violation. Such penalty shall be
   10  deposited in the manufactured home cooperative fund, created pursuant to
   11  section fifty-nine-h of the private housing finance law.  In  connection
   12  with  any  such  proposed  application,  the commissioner of housing and
   13  community renewal is authorized to take proof and make  a  determination
   14  of  the  relevant  facts  and  to issue subpoenas in accordance with the
   15  civil practice law and rules. The provisions of this  subdivision  shall
   16  not impair the rights granted under subdivision u of this section.
   17    w.  [Real  property  tax payments.] 1. A manufactured home park owner,
   18  operator or the agent of such owner or operator shall reduce the  annual
   19  rent  paid  by a manufactured home [tenant] RESIDENT for use of the land
   20  upon which such manufactured home sits in an amount equal to  the  total
   21  of  the  real  property  taxes  actually  paid by such manufactured home
   22  [tenant] RESIDENT for such manufactured home plus the  amount  by  which
   23  the  taxes  on  such  manufactured  home were reduced as a result of the
   24  partial real property tax exemption granted  to  the  manufactured  home
   25  [tenant] RESIDENT pursuant to article four of the real property tax law,
   26  provided such manufactured home [tenant] RESIDENT:
   27    (a)  owns a manufactured home which is separately assessed, subject to
   28  the provisions of paragraph two of this subdivision;
   29    (b) is entitled to and actually receives a partial real  property  tax
   30  exemption pursuant to article four of the real property tax law; and
   31    (c) pays the real property taxes due on such home.
   32    2.  In  the  case  of  a  manufactured  home  which  is not separately
   33  assessed, but which is entitled to and actually receives the school  tax
   34  relief  (STAR)  exemption authorized by section four hundred twenty-five
   35  of the real property tax law, the [tenant] RESIDENT of such manufactured
   36  home shall be entitled to a rent reduction pursuant to this  subdivision
   37  to  the  same extent as a [tenant] RESIDENT of a manufactured home which
   38  satisfies the criteria set forth in paragraph one of  this  subdivision.
   39  Such  rent  reduction shall be equal to the amount by which the taxes on
   40  such manufactured home were reduced as a result of such exemption.
   41    3. A manufactured home park owner or operator providing a reduction in
   42  rent as required by paragraph one or two of this subdivision may retain,
   43  in consideration for record keeping expenses, two percent of the  amount
   44  of such reduction.
   45    3-a.  Any  reduction required to be provided pursuant to paragraph one
   46  or two of this subdivision shall be provided as follows:
   47    (a) a reduction in monthly rent (prorating  the  reduction  in  twelve
   48  parts) shall take effect upon the first monthly rental payment due sixty
   49  days  after the last date for the payment of real property taxes with no
   50  penalty or interest for lateness and shall be extended to the next elev-
   51  en monthly payments thereafter; or
   52    (b) with the consent of the manufactured home park owner, operator, or
   53  agent of such owner or operator, a reduction in rent may  be  offset  in
   54  the  entire  amount  of  such reduction against the first monthly rental
   55  payment due sixty days after the last date for the payment of real prop-
   56  erty taxes with no penalty or interest for  lateness,  and  the  balance
       A. 3429                            13
    1  thereof,  if  any, may be offset against the monthly rental payments for
    2  succeeding months, until exhausted; or
    3    (c)  at the election of the manufactured home park owner, operator, or
    4  agent of such owner or operator, the total amount of such  reduction  in
    5  rent may be paid to the [tenant] RESIDENT no later than sixty days after
    6  the  last date for the payment of real property taxes with no penalty or
    7  interest for lateness.
    8    4. The failure of a manufactured home park owner or operator to comply
    9  with the provisions of this subdivision shall be a violation  punishable
   10  by a fine not to exceed five hundred dollars for each violation.
   11    x.  1.  Rent  and  other  fees,  charges  and  assessments  may not be
   12  increased by a manufactured home park owner or operator more  than  once
   13  in any year.
   14    2.  Notwithstanding  the  provisions of paragraph one of this subdivi-
   15  sion, if a fee, charge, or assessment in effect at the commencement of a
   16  lease or tenancy is for goods or services provided by a party  unrelated
   17  to  and  not controlled by the manufactured home park owner or operator,
   18  the manufactured home park  owner  or  operator  may,  upon  the  notice
   19  required in this section, provide for the pass-along to the manufactured
   20  home tenant of any increases in such fee, charge or assessment.
   21    3.  Any agreement modifying any of the rights set forth in this subdi-
   22  vision shall be void as contrary to public policy.
   23    Y. A MANUFACTURED HOME PARK OWNER OR OPERATOR SHALL OFFER EVERY  MANU-
   24  FACTURED  HOME  RESIDENT  PRIOR TO OCCUPANCY A WRITTEN COPY OF THE RESI-
   25  DENT'S BILL OF RIGHTS. THE RESIDENT'S BILL OF RIGHTS  SHALL  BE  CREATED
   26  AND  DISSEMINATED  BY  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL. A
   27  COPY OF THE RESIDENT'S BILL OF RIGHTS SHALL BE POSTED IN  A  CONSPICUOUS
   28  PLACE UPON THE MANUFACTURED HOME PARK GROUNDS.
   29    S 2. This act shall take effect on the one hundred twentieth day after
   30  it shall have become a law; provided, however, that effective immediate-
   31  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   32  necessary for the implementation of this act on its  effective  date  is
   33  authorized  and  directed  to  be  made  and completed on or before such
   34  effective date.