Relates to providing recourse for manufactured homeowners in manufactured home parks confronted with unjustifiable rent increases

1 Co-sponsor

• Michael F. Nozzolio

BILL NUMBER:S3177A

Title of bill

An act to amend the real property law, in relation to providing recourse for manufactured homeowners in manufactured home parks, who are confronted with unjustifiable rent increases

Purpose of bill

To provides recourse for homeowners in manufactured home parks who are confronted with unjustifiable rent increases.

Summary of bill

This bill makes amendments to the Real Property Law to permit counties by local law to adopt this section to provide recourse for homeowners in manufactured home parks who are confronted with unjustifiable rent increases.

Justification

Factors unique to home ownership in manufactured home parks require that the owners of such manufactured homes be protected from involuntary forfeiture of their homes due to unreasonable increases in lot rent. Homeownership in manufactured home parks differs from other forms of homeownership as well as from the traditional landlord-tenant relationship. Unlike other homeowners, because the manufactured homeowners do not control the land on which their home exists. They have no control over this substantial portion of their housing costs. Vacant lots on which to place an existing manufactured home are extremely rare, and the cost of relocating a manufactured home, even if such a vacancy exists, is prohibitively high and threatens the structural integrity of many manufactured homes.

The manufactured homeowners' total lack of bargaining power disrupts the normal operation of market forces and renders such manufactured homeowners captive to whatever terms a manufactured home park owner may choose to impose. Although many manufactured home park owners choose not to take advantage of their superior bargaining power, many do. This often results in manufactured homeowners being evicted because of rents they can no longer afford, and as a result, losing their manufactured home altogether because there is no alternative site on which to place such home.

Under current law, manufactured homeowners who rent lots in manufactured home parks have no legal remedy for an unjustifiable rent increase. It is the goal of this legislation to provide that mechanism to the manufactured homeowner.

Legislative history

2009-10: A.4851A/S.6920A - Reported to Assembly Rules Committee 2007-08: A.7985A - Passed Assembly

Fiscal implications for state and local governments

None.

Effective date

January 1 after becoming law.