New York Manufactured Home Property Laws

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    • Manufactured homesmobiles home 5 image by Marc Rigaud from Fotolia.com

      Manufactured homes are cost-effective places for people to live and popular throughout the United States. In New York, the rights and responsibilities of these tenants are governed by New York Real Property Law Section 233. Information about leases, evictions and rules restricting behavior can be found in this section.

    Manufactured Home Property Leases

    • When leasing a section to a tenant, the landlord must give you a written offer that allows you to rent for at least 1 year. If you are already renting, the landlord must give you the same offer with 90 days or more from the termination of your existing lease. This offer must be accompanied by a copy of the lease.

    Eviction of Tenants

    • While you can be evicted, it must be for one of the reasons listed in Section b. Besides being evicted for staying beyond the lease term, a tenant can be evicted for not paying rent. But the tenant must be given notice and then has 30 days to pay the rent to keep his place.

      Using the manufactured home as a house of prostitution is another reason to kick out a tenant. The language here will probably be an invitation to litigation as Section b 3 prohibits using the property as "a place of assignation for lewd purposes." A savvy litigant will argue that this behavior is constitutionally permissible provided no money is exchanged. But to stay on the safe side, do not use the home as a sex trade business.

      Tenants who violate federal, state or local laws designed to protect the health and safety of other tenants can be given the boot. Also, tenants who violate reasonable regulations created by the home park operator can be evicted.

      Finally, the home park operator can decided to stop renting the property to residents and change the use. If she wants the tenants to leave for this reason, the operator must give them notice. Eviction cannot be started until 6 months following the notice of change of use.

    Rules and Regulations

    • Those who live in manufactured homes have to comply with certain rules that are created by the home park operator. He is allowed to write rules restricting behavior provided that they are reasonable. A copy of these rules must be included with the initial lease offer, and a copy must be posted on the grounds.

      While the operator can create rules, they must be applied uniformly to all residents. Section f. 2 provides that when the rules are not applied fairly to all residents, there is a "rebuttable presumption that such rule is unreasonable, arbitrary and capricious." The bottom line is that your landlord cannot play favorites. If he lets one resident get away with parking three cars next to his home, then he has to let you do the same.

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