S130-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

S130-2011 Memo

BILL NUMBER:S130                 REVISED 01/09/12

TITLE OF BILL:
An act
to amend the general business law and
the real property law,
in relation to requiring manufactured home park owners or operators
to provide customers with notice that such
owners or operators
of manufactured home parks may change the use of land comprising
manufactured home parks

PURPOSE:
The purpose of this bill is to ensure that customers who are
considering purchasing a manufactured home are aware of the fact that
manufactured home park owners may propose a change in the use of the
land comprising a manufactured home park and that such change may
require home owners to relocate.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 399-nn to the general business law which
specifies that a contract between a seller of manufactured homes and
a consumer must contain the street address of the seller and the
consumer, be dated and signed by both parties, and contain the
following statement in no less than twelve-point bold face type:

"A manufactured home park owner or operator may propose a change in
the use of the land comprising a manufactured home park, or a portion
thereof, on which manufactured homes may be located. Such a proposed
use change may require the home owner to relocate the manufactured
home and secure other accommodations at the home owner's expense."

Violations may be punishable by an injunction from the Attorney
General and a civil penalty not to exceed $500 per violation.

Section 2 amends paragraph 2 of subdivision g of section 233 of the
real property law which governs disclosures that must be given to
manufactured home tenants prior to occupancy by manufactured home
park owners or operators. Such disclosures would be required to
include notice that the owner or operator may propose a change in the
use of the land comprising the manufactured home park, or a portion
thereof, that may require the tenant to relocate the manufactured
home and secure other accommodations at the tenant's expense.

JUSTIFICATION:
In 2007, tenants of a mobile home park in Duanesburg, New York,
received an eviction notice.
Tenants were not aware that section 233 of the real property law,
gives the owner of the land the right to change the use of land. In
many cases there is not another place to move the manufactured home

and tenant is forced to either abandoned their home or lose the value
of the home while still owing a mortgage on the home.

LEGISLATIVE HISTORY:
2010:    S.7781/A.4892-A
2007-08: A.10340-A (Previously Luis Diaz, Reported to Rules)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1 after becoming law.

S130-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          130
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens. PERALTA, PARKER -- read twice and ordered printed,
 and when  printed  to  be  committed  to  the  Committee  on  Consumer
 Protection
 AN  ACT  to amend the general business law and the real property law, in
 relation to requiring manufactured home park owners  or  operators  to
 provide  customers  with notice that such owners or operators of manu
 factured home parks may change the use of land comprising manufactured
 home parks
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new section
 399-nn to read as follows:

 

S  399-NN.  MANUFACTURED HOME CONTRACTS.   1. FOR THE PURPOSES OF THIS
 SECTION, "MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE  OR
 MORE  SECTIONS, WHICH, IN THE TRAVELING MODE, IS EIGHT BODY FEET OR MORE
 IN WIDTH OR FORTY BODY FEET OR MORE IN LENGTH, OR, WHEN ERECTED ON SITE,
 IS THREE HUNDRED TWENTY OR MORE SQUARE FEET, AND WHICH  IS  BUILT  ON  A
 PERMANENT  CHASSIS AND DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT
 A PERMANENT FOUNDATION WHEN CONNECTED TO  THE  REQUIRED  UTILITIES,  AND
 INCLUDES  THE PLUMBING, HEATING, AIR-CONDITIONING AND ELECTRICAL SYSTEMS
 CONTAINED THEREIN. THE TERM SHALL INCLUDE ANY STRUCTURE THAT  MEETS  ALL
 OF THE REQUIREMENTS OF THIS SUBDIVISION EXCEPT THE SIZE REQUIREMENTS AND
 WITH RESPECT TO WHICH THE MANUFACTURER VOLUNTARILY FILES A CERTIFICATION
 REQUIRED BY THE UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT
 AND COMPLIES WITH THE STANDARDS ESTABLISHED UNDER TITLE 42 OF THE UNITED
 STATES  CODE;  AND EXCEPT THAT SUCH TERM SHALL NOT INCLUDE ANY SELF-PRO
 PELLED RECREATIONAL VEHICLE.
 2. EVERY CONTRACT BETWEEN A CONSUMER AND A SELLER  OF  A  MANUFACTURED
 HOME  SHALL  BE  IN  WRITING,  SHALL  BE DATED, SHALL CONTAIN THE STREET
 ADDRESS OF THE SELLER AND THE CONSUMER,  AND  SHALL  BE  SIGNED  BY  THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01755-01-1
 
       S. 130                              2
 CONSUMER AND SELLER. EACH CONTRACT SHALL CONTAIN THE FOLLOWING STATEMENT
 IN NOT LESS THAN TWELVE-POINT BOLD FACE TYPE:

 "A  MANUFACTURED  HOME  PARK OWNER OR OPERATOR MAY PROPOSE A CHANGE IN
 THE USE OF THE LAND COMPRISING A MANUFACTURED HOME PARK,  OR  A  PORTION
 THEREOF, ON WHICH MANUFACTURED HOMES MAY BE LOCATED. SUCH A PROPOSED USE
 CHANGE  MAY REQUIRE THE HOME OWNER TO RELOCATE THE MANUFACTURED HOME AND
 SECURE OTHER ACCOMMODATIONS AT THE HOME OWNER'S EXPENSE."
 3. A COPY OF THE FULLY  COMPLETED  CONTRACT  SHALL  BE  GIVEN  TO  THE
 CONSUMER AT THE TIME THE CONTRACT IS SIGNED.
 4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IF  THE  COURT  IN
 SUCH  A  SPECIAL  PROCEEDING DETERMINES THAT A VIOLATION OF THIS SECTION
 HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED
 APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
 DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
 WITH THE CIVIL PRACTICE LAW AND RULES.
 

S 2. Paragraph 2 of subdivision g of section 233 of the real  property
 law,  as  amended by chapter 566 of the laws of 1996, is amended to read
 as follows:

 2. A manufactured home park owner or operator  shall  be  required  to
 fully  disclose  in  writing  all  fees, charges, assessments, including
 rental fees, rules and regulations prior to a manufactured  home  tenant
 assuming  occupancy  in the manufactured home park.  A MANUFACTURED HOME
 PARK OWNER OR OPERATOR SHALL ALSO BE REQUIRED TO FULLY DISCLOSE IN WRIT
 ING THE FACT THAT SUCH MANUFACTURED HOME  PARK  OWNER  OR  OPERATOR  MAY
 PROPOSE A CHANGE IN THE USE OF THE LAND COMPRISING THE MANUFACTURED HOME
 PARK,  OR  A  PORTION  THEREOF,  ON WHICH THE MANUFACTURED HOME IS TO BE
 LOCATED, AND THAT SUCH PROPOSED USE CHANGE MAY  REQUIRE  THE  TENANT  TO
 RELOCATE  THE  MANUFACTURED  HOME AND SECURE OTHER ACCOMMODATIONS AT THE
 TENANT'S EXPENSE.
 

S 3. This act shall take effect on the first of January next  succeed
 ing the date on which it shall have become a law; provided, however that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec
 tive  date  are  authorized  and directed to be made and completed on or
 before such effective date.

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