NY State Senate Bill 2009-S7781

Senate Bill S7781

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	reported and committed to codes
May 10, 2010	referred to consumer protection

Votes

- May 25, 2010 - Consumer Protection Committee Vote
  S7781
  
  7
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 25, 2010
      
      aye (7)
      
      Adams
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Peralta
      
      Perkins
      
      Savino
      
      nay (1)
      
      Flanagan
      
      aye wr (2)
      
      Robach
      
      Saland

co-Sponsors

2009-S7781 (ACTIVE) - Details

See Assembly Version of this Bill:: A4892
Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add §399-nn, Gen Bus L; amd §233, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S130
2013-2014: S82
2015-2016: S1267
2017-2018: S586

2009-S7781 (ACTIVE) - Summary

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.

2009-S7781 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7781

 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 a recent situation in a mobile home park in Duanesburg,New York,
tenants 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 :
2007-2008 - A.10340A (Previously Luis Diaz)
06/03/08 - Reported Referred to Codes
06/04/08 - Senate - Referred to Rules

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1 after becoming law.

2009-S7781 (ACTIVE) - Bill Text download pdf

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

                                  7781

                            I N  S E N A T E

                              May 10, 2010
                               ___________

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00096-01-9

S. 7781                             2

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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Senate Bill S7781

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Sponsored By

Jose Peralta