[HISTORY: Adopted by Dutchess County as indicated in article
histories. Amendments noted where applicable.]
STATUTORY REFERENCES
Manufactured home parks — See Real Property
Law § 233.
[Adopted 6-12-1989 by L.L. No. 3-1989[1]]
A.
This Legislature hereby finds and declares that there is a shortage
of available space, both inside and outside manufactured home parks;
that a particular housing problem exists for homeowners residing in
manufactured home parks, wherein there is the potential for serious
dislocation of families and loss of equity through the sale of manufactured
homes; that manufactured home park residents frequently lack the resources
to purchase new homes or move existing homes; that in Dutchess County
there are over 70 manufactured home parks in which several thousand
manufactured home owners reside. These manufactured home owners are
a unique combination of homeowner and tenant since they own their
homes, but rent the lot on which it is situated. The present vacancy
rate of lots in manufactured home parks in Dutchess County is less
than 2% and as vacancies have occurred, some park owners have required
that only new homes may be placed on those lots. These circumstances
make it imperative that laws be enacted which protect manufactured
home owners from arbitrary eviction and guarantee their right to sell
their homes in place. Without such protections for manufactured home
owners, their investment in a home in Dutchess County is fraught with
risk.
B.
Manufactured homes are generally more affordable than conventionally
built homes and this Legislature wants to encourage the ownership
of manufactured homes under conditions which afford protection of
the expectation of such home owners that the equity in their homes
will grow over time as long as they maintain their homes in good condition.
This article, which should be read in conjunction with New York State
Real Property Law § 233, is based on a determination by
this Legislature that the current state law to protect manufactured
home owners is inadequate to protect the rights of manufactured home
owners to stay in parks and sell their homes in place when they leave.
As used in this article, the following terms shall have the
meanings indicated:
In addition to its ordinary meaning, the cessation or nonrenewal
of a lease or of the occupancy of a manufactured home or from a manufactured
home park as a result of an act of a manufactured home park owner
or operator.
One who holds title to a manufactured home and rents a space
for it in a manufactured home park.
A contiguous parcel of privately owned land which is used
for the accommodation of three or more manufactured homes occupied
for year-round living.
The person in charge of a manufactured home park. This term
shall include, but not be limited to, the owner of the land, the manager,
assistant manager or any other person in charge of the operations
or activities of a manufactured home park.
A.
A manufactured
home park owner or operator may not evict a manufactured home owner
other than for the following reasons:
(1)
The manufactured home owner has defaulted in the payment of rent
and a proper demand has been made for such delinquent rent. On payment
of such delinquent rent, together with allowable costs, including
interest and attorney's fees if so provided in the lease, any action
instituted for nonpayment of rent shall be terminated.
(2)
The manufactured home or rented space is used for any illegal trade
or business.
(3)
The manufactured home owner is in violation of a federal, state or
local law or ordinance which may be deemed detrimental to the safety
and welfare of any persons residing in the manufactured home park.
(4)
The manufactured home owner or anyone occupying the manufactured
home is in violation of any lease term or lawful rule or regulation
established by the manufactured home park owner or operator and has
continued in violation for more than 10 days after the manufactured
home park owner or operator has given written notice of such violation
to the manufactured home owner, setting forth the lease term or rule
or regulation violated and directing that the manufactured home owner
correct or cease the violation within 10 days of the receipt of said
notice. On expiration of such period, should the violation continue
or should the manufactured home owner or anyone occupying the manufactured
home be deemed a persistent violator of the lease term or rules and
regulations, the manufactured home park owner or operator may serve
written notice on the manufactured home owner directing that he/she
vacate the premises within 30 days of the receipt of said notice.
(5)
The manufactured home park owner or operator proposes a change in
the use of the land comprising the manufactured home park, or a portion
thereof, on which the manufactured home is located, from manufactured
home lot rentals to some other use, provided the manufactured home
owner is given at least six months' written notice, or longer if a
longer term remains in a rental agreement, of the proposed change
of use and the manufactured home owners need to secure other accommodations.
B.
No manufactured home owner shall be denied a continuance or renewal
of a lease so long as he or she has, during the period of occupancy,
complied with the terms of the lease and the rules and regulations
of the manufactured home park then in effect.
A.
No manufactured home park owner or operator shall deny the manufactured
home owner the right to sell a manufactured home occupying a lot in
a manufactured home park solely on the ground of the age, size or
model of such manufactured home.
B.
Nothing herein shall prevent the manufactured home park owner or operator from adopting reasonable rules requiring manufactured homes to be presentable in appearance, free from damage, painted, skirted, clean, properly landscaped, structurally sound and from enforcing general reasonable park rules to that effect, including the right to evict in accordance with § 205-3 of this article.
C.
No manufactured home park owner or operator shall deny any manufactured
home owner the right to sell his/her manufactured home in the manufactured
home park or require the manufactured home owner or subsequent purchaser
to remove the manufactured home from the manufactured home park based
solely on the sale thereof, provided the manufactured home owner shall
give the manufactured home park owner or operator 20 days' written
notice of his/her intention to sell. The manufactured home park owner
or operator may reserve the right to approve the purchaser of said
manufactured home as a tenant in the park, but such approval shall
not be unreasonably withheld. Approval of a purchaser must be granted
or denied within 30 days from the date the manufactured home park
owner or operator is notified of the name, address and information
as to the credit worthiness of the prospective purchaser.
D.
If the manufactured home park owner or operator fails to act within
the thirty-day period, the purchaser shall have been deemed approved.
E.
If the manufactured home park owner or operator unreasonably withholds
permission, the manufactured home owner may sue for any damages resulting
therefrom. If it is found by the court that the manufactured home
park owner or operator acted in bad faith in withholding such permission,
the manufactured home owner may recover the costs of the proceedings
and attorney's fees in addition to any other available remedy at law
or in equity.
F.
No manufactured home park owner or operator shall withhold approval
of a sale of a manufactured home by refusal to sign an agreement with
the lending institution for the prospective purchaser, or charge a
fee for signing such agreement, that permits the manufactured home
to remain in the park in case of a default by the purchaser in the
payment of the loan for the manufactured home so long as the lending
institution guarantees payment of the rent and other legal fees to
the manufactured home park owner or operator and upkeep of the manufactured
home and the lot during such time as the lending institution procures
a subsequent purchaser for the manufactured home who meets the reasonable
approval of the owner or operator.
No manufactured home park owner or operator shall, as a condition
of a lease of space in a manufactured home park, require a manufactured
home owner, currently residing in a park, to purchase a manufactured
home from a particular manufactured home dealer or from the manufactured
home park owner or operator.
[Amended 12-7-2010 by L.L. No. 2-2011[1]]
A.
This article may be enforced by the Dutchess County Department of
Behavioral and Community Health, the Dutchess County Attorney, or
by any other governmental agency authorized to secure compliance by
bringing an action in any court of competent jurisdiction for an injunction
to prevent the violation or threatened violation thereof.
B.
A civil action in the name of the governmental agency may be commenced
to recover a civil penalty in the amounts prescribed by this article.
Such action may be released, settled or compromised by the Director
of the Dutchess County Department of Behavioral and Community Health,
the Dutchess County Attorney, or his/her assistant, or the appropriate
person of any other government agency.
C.
A violation or failure to comply with any provision of this article
may be raised as a complete defense, or as a counterclaim, by a manufactured
home owner in any action brought by a manufactured home park owner
or operator in a court proceeding in Dutchess County.
