[HISTORY: Adopted by the Rockland County Legislature: Art. I, 6-6-1989
by L.L. No. 3-1989. Amendments noted where applicable.]
[Adopted 6-6-1989 by L.L. No. 3-1989]
A.
This legislature hereby finds and declares that the shortage
of decent affordable housing for persons of low and moderate income remains
significant and must be addressed in new and innovative ways; that a particular
housing problem exists for homeowners residing in mobile home parks, wherein
there is the potential for serious dislocation of families and loss of equity
through the sale of mobile homes; that mobile home park residents frequently
lack the resources to purchase new homes or move existing homes; that in Rockland
County there are approximately 19 mobile home parks in which several hundred
mobile home owners reside. These mobile 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 mobile home parks in Rockland
County is less than 4% and as vacancies have occurred, many 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 mobile home owners from
arbitrary eviction and guarantee their right to sell their homes in place.
Without such protections for mobile home owners, their investment in a home
in Rockland County is fraught with unreasonable risk.
B.
Mobile homes are generally more affordable than conventionally
built homes and this Legislature wants to encourage the ownership of mobile
homes under conditions which afford protection of the expectation of such
homeowners that the equity in their homes will grow over time as long as they
maintain their homes in good condition. This article is based on a determination
by this Legislature that the current state law to protect mobile home owners,
Real Property Law § 233, is ambiguous and inadequate to protect
the rights of mobile 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:
One who holds title to a mobile home.
A contiguous parcel of privately owned land which is used for accommodation
of three or more mobile homes occupied for year-round living.
The person in charge of a mobile 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 mobile
home park.
A.
A mobile home park owner or operator may not evict a
mobile home owner other than for the following reasons:
(1)
The mobile home owner has defaulted in the payment of
rent, pursuant to the agreement under which the premises are held, and a demand
of the rent has been made or at least three days' notice in writing has
been served upon him as prescribed in § 735 of the Real Property
Actions and Proceedings Law. Upon the tender of such delinquent rent, together
with allowable costs, an action instituted for nonpayment of rent shall be
terminated. Any person succeeding to the mobile home park owner or operator's
interest in the premises may proceed under this subsection for rent due his
predecessor in interest if he has a right thereto.
(2)
The mobile home owner is persistently late in the payment
of rent. It shall be presumed that a mobile home owner is persistently late
in the payment of rent if, within any twelve-month period, the mobile home
owner has tendered the rent more than 10 days beyond the due date more than
four times and the mobile home park owner or operator has given the mobile
home owner written notice by certified mail warning the mobile home owner
that further late payment of rent will cause the mobile home park owner or
operator to institute an eviction proceeding.
(3)
The premises, or any part thereof, are used or occupied
as a bawdy-house or house or place of assignation for lewd purposes or for
purposes of prostitution or for any illegal trade or business.
(4)
The mobile 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 the other persons residing in the mobile home park.
(5)
The mobile home owner or anyone occupying the mobile
home is in violation of any lease term or rule or regulation established by
the mobile home park owner or operator pursuant to this section, and has continued
in violation for more than 10 days after the mobile home park owner or operator
has given written notice of such violation to the mobile home owner setting
forth the lease term or rule or regulation violated and directing that the
mobile home owner correct or cease violation of such lease term or rule or
regulation within 10 days from the receipt of said notice. Upon the expiration
of such period should the violation continue or should the mobile home owner
or anyone occupying the mobile home be deemed a persistent violator of the
lease term or rules and regulations, the mobile home park owner or operator
may serve written notice upon the mobile home owner directing that he vacate
the premises within 30 days of the receipt of said notice. If the violation
so specified shall be of such a nature that the same cannot be reasonably
cured or remedied within such ten-day period, and if the mobile home owner
shall have, in good faith, commenced the curing or remedying of such default
within such ten-day period and shall thereafter diligently proceed to completion,
then, such action shall be an affirmative defense in any proceeding for eviction.
(6)
The mobile home park owner or operator proposes a change
in the use of the land comprising the mobile home park, or a portion thereof,
on which the mobile home is located, from mobile home lot rentals to some
other use, provided that the mobile 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 mobile home owner's need to secure
other accommodations.
B.
No mobile home owner shall be denied a continuance or
renewal of a lease so long as he or she has, during his or her period of occupancy,
complied with the terms of his or her lease and the rules and regulations
of the mobile home park then in effect.
C.
The proceedings to evict shall be governed by the proceedings
set forth in Subdivision d of § 233 of the New York Real Property
Law.
A.
No mobile home park owner or operator shall require the
removal of or increased rental for a mobile home occupying a lot in a mobile
home park solely on the ground of the age, size and/or model of such mobile
home.
B.
No mobile home park owner or operator shall deny any
mobile home owner the right to sell his mobile home in the mobile home park
or require the mobile home owner or subsequent purchaser to remove the mobile
home from the mobile home park based on the sale thereof, provided that the
mobile home owner shall give the mobile home park owner or operator 20 days'
written notice of his intention to sell. The mobile home park owner or operator
may reserve the right to approve the purchaser of said mobile home as a tenant
in the park, but such approval shall not be unreasonably withheld. The mobile
home park owner or operator may obtain credit information regarding the purchaser.
Approval of the purchaser must be granted or denied within 20 days from the
date the mobile home park owner or operator is notified of the name, address
and information as to the credit worthiness of the purchaser. If the mobile
home park owner or operator rejects a purchaser as a prospective tenant, he
or she shall notify the prospective seller of the reasons therefor in writing.
C.
If the mobile home park owner or operator fails to act
within the twenty-day period, the purchaser shall have been deemed approved.
D.
If the mobile home park owner or operator unreasonably
withholds permission, the mobile home owner may commence an action for any
damages resulting therefrom. If it is found by the court that the mobile home
park owner or operator unreasonably withheld such approval, the mobile home
owner may recover his or her attorney's fees in addition to any other
available remedy at law or in equity. In addition, if the mobile home owner
or operator is found by the court to have acted in bad faith in withholding
such approval, then he or she shall be liable for treble damages.
E.
No mobile home park owner or operator shall withhold
approval of a sale of a mobile 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 mobile home to remain in the park in case
of a default by the purchaser in the payment of the loan for the mobile home
so long as the lending institution guarantees payment of the rent and other
legal fees to the mobile home park owner or operator and upkeep of the mobile
home and the lot during such time as the lending institution procures a subsequent
purchaser for the mobile home who meets the reasonable approval of the owner
or operator.
No mobile home park owner or operator shall require a mobile home owner
or a prospective mobile home owner to purchase his or her mobile home from
the mobile home park owner or operator, or from any entity in which the mobile
home park owner or operator, his or her spouse, parents or children, or, if
a corporation, any subsidiary or parent corporation, has an interest. Nothing
herein shall be construed to prevent a mobile home owner or operator from
requiring that any new mobile home to be installed in his or her mobile home
park comply with the rules and regulations of said mobile home park or conform
to the physical facilities then existing for installation of a mobile home
in said mobile home park.
Any mobile home park owner or operator who violates § 302-5 of this article shall be subject to a civil penalty of not more than $1,000 for each violation. Each day or a part of a day on which a violation continues or occurs shall constitute a separate violation.
A.
This article may be enforced by the Rockland County Department
of Weights and Measures, Office of Consumer Protection, the Rockland County
Attorney or by any other governmental agency authorized to secure compliance
with the law by mobile home park owners or operators by 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-Coordinator
of the Rockland County Department of Weights and Measures, Office of Consumer
Protection, the Rockland County Attorney or his 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 counterclaim, by a
mobile home owner in any action brought by mobile home park owner or operator
in a court proceeding in Rockland County.
This article is intended to supersede those provisions of § 233
of the New York Real Property Law with which it directly conflicts.
