Requires manufacturers and sellers of manufactured homes to provide customers with notice that owners of manufactured home parks may change the use of land comprising manufactured home parks requiring a customer to relocate the home at the customer's expense.

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S82-2013 Actions

• Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

S82-2013 Memo

BILL NUMBER:S82

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:


2011-12: S.130
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.

S82-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     82

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. PERALTA -- 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.
                                                             LBD01103-01-3

 S. 82                               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.