Requires manufacturers and sellers of manufactured homes to provide customers with notice that owners of manufactured home parks may change the use of land

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.