What's happening
This bill establishes a process for manufactured homes to be titled and treated as real property rather than personal property in New York.
Why it matters
Improves access to traditional mortgage financing for manufactured homes. By allowing manufactured homes to be legally classified as real property (instead of personal property), owners may now qualify for conventional home loans, refinancing, and lower interest rates similar to those available for site-built homes.
Strengthens homeowner rights and asset security. Ownership, transfer, and lien processes for manufactured homes will follow the same legal framework as other real estate, offering greater protection for homeowners’ investments and making it easier to build equity and pass on property.
Standardizes titling, taxation, and record-keeping. The bill introduces a detailed process for converting a manufactured home from personal to real property, including affidavits of affixation and severance, and mandates electronic public records. This reduces ambiguity for lenders, buyers, and local governments in matters of property records, taxation, and foreclosure.
Facilitates clearer legal processes for sale, inheritance, and detachment. The new procedures for “affixing” and “severing” manufactured homes from real property clarify the steps for transferring or dividing interests, protecting both owners and lenders, and ensuring that homes can be reclassified as personal property if removed from the land.
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Who cares
Manufactured-home owners
The bill would establish a process to convert permanently affixed homes to real property for sale or mortgage, including homes on leased land with the landowner’s consent.
Manufactured-home lenders and lienholders
The bill would preserve existing security interests until required releases and title-surrender steps are completed, then govern new liens under real-property rules.
Department of Motor Vehicles and county recording officers
The bill would require processing of conversion and severance filings, with DMV maintaining records indefinitely and providing electronic public access.
Real-estate attorneys and title insurance agents
The bill would require their sworn declarations about liens and title issues for conversions involving missing title documents and for severance filings.
Headline styles
Treat Manufactured Homes as Real Estate
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Print number 7751a
- Amend and recommit to judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Mobile Homes Real Property
In Senate Committee · Rules · Sponsor Kenneth P. LaValle
Full text
20 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 6277--A A. 7751--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
May 11, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO, JAFFEE -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, the banking law, the personal property law, the vehicle and traffic law and the real property law, in relation to manufactured home certificates of title, and the conveyance and encumbrance of manufactured homes as real property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New York land-home property act".
§ 2. Subdivision 13 of section 372 of the executive law, as amended by chapter 309 of the laws of 1996, is amended to read as follows:
13. ["Mobile home"] "Manufactured home" means a [moveable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall mean units designed to be used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07145-03-8
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exclusively for residential purposes, excluding travel trailers] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 3. Subparagraph (ii) of paragraph l of subdivision 5-a of section 108 of the banking law, as amended by chapter 322 of the laws of 1993, is amended to read as follows:
(ii) "mobile home" or "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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 4. Clause (ii) of item 1 of subparagraph (c) of paragraph 4 of subdivision 8 of section 235 of the banking law, as amended by chapter 322 of the laws of 1993, is amended to read as follows:
(ii) "mobile home" or "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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 5. Clause (ii) of subparagraph 1 of paragraph (d) of subdivision 2 of section 380 of the banking law, as amended by chapter 322 of the laws of 1993, is amended to read as follows:
(ii) "mobile home" or "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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 6. Subdivision 2 of section 491 of the banking law, as amended by chapter 322 of the laws of 1993, is amended to read as follows:
2. "Motor vehicle" or "vehicle" means any device propelled or drawn by any power other than muscular power, upon or by which any person or property is or may be transported or drawn upon a public highway, road or street. Unless otherwise specified, "motor vehicle" or "vehicle" also means a "mobile home" or "manufactured home". "Mobile home" or "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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained
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therein] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 7. Subdivision 1 of section 301 of the personal property law, as amended by chapter 322 of the laws of 1993, is amended to read as follows:
1. "Motor vehicle" or "vehicle" means any device propelled or drawn by any power other than muscular power, upon or by which any person or property is or may be transported or drawn upon a public highway, road or street except that it shall not include a "snowmobile" as defined in subdivision three of section 21.05 of the parks, recreation and historic preservation law. "Motor vehicle" or "vehicle" also means a "mobile home" or a "manufactured home". "Mobile home" or "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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein] manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 8. Section 122-c of the vehicle and traffic law, as added by chapter 322 of the laws of 1993, is amended to read as follows:
§ 122-c. Mobile home or manufactured home. [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 required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.] The term "mobile home" or "manufactured home" shall have the same meaning as a manufactured home as defined in paragraph fifty-three of subsection (a) of section 9-102 of the uniform commercial code.
§ 9. Paragraph 19 of subdivision (a) of section 2102 of the vehicle and traffic law, as added by chapter 322 of the laws of 1993, is amended to read as follows:
(19) A [mobile home or a] manufactured home, manufactured prior to July first, nineteen hundred ninety-four and designated by the manufacturer as being a nineteen hundred ninety-four or earlier model year [mobile home or] manufactured home, [and] any [mobile home or] manufactured home, manufactured or assembled prior to January first, nineteen hundred ninety-four for which the manufacturer has not designated a model year, and any "factory manufactured home" as defined in subdivision eight of section three hundred seventy-two of the executive law.
§ 10. Section 2107 of the vehicle and traffic law is amended by adding thirteen new subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) to read as follows:
(d) Except as provided in section twenty-one hundred seventeen-d of this article, the commissioner shall not issue a certificate of title to a manufactured home with respect to which there has been filed an affidavit of affixation pursuant to paragraph five of subdivision (a) of section twenty-one hundred seventeen-a of this article, paragraph five of subdivision (a) of section twenty-one hundred seventeen-b of this article, and paragraph five of subdivision (a) of section twenty-one hundred seventeen-c of this article.
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(e) The commissioner shall file, upon receipt, each affidavit of affixation that is delivered in accordance with paragraph c of subdivision two of section two hundred ninety-six-a of the real property law, each declaration that is delivered pursuant to paragraph six of subdivision (a) of section twenty-one hundred seventeen-c of this article and each affidavit of severance that is delivered in accordance with subdivision nine of section two hundred ninety-six-a of the real property law, when satisfied as to its genuineness and regularity.
(f) The commissioner shall maintain a record of each affidavit of affixation he or she files in accordance with subdivision (e) of this section. The record shall state the name of the owner of the manufactured home, the county of recordation, the date of recordation, the book and page number of each book of deeds where there has been recorded an affidavit of affixation pursuant to paragraph (c) of subdivision two of section two hundred ninety-six-a of the real property law and this article, and if applicable, a statement that filed with the affidavit of affixation is a declaration pursuant to paragraph six of subdivision (a) of section twenty-one hundred seventeen-c of this article, and any other data the commissioner prescribes.
(g) The commissioner shall file, upon receipt, each application for surrender of the manufacturer's certificate of origin relating to a manufactured home that is delivered in accordance with section twentyone hundred seventeen-a of this article, when satisfied as to its genuineness and regularity.
(h) The commissioner shall maintain a record of each manufactured home manufacturer's certificate of origin that he or she accepts for surrender as provided in section twenty-one hundred seventeen-a of this article. The record shall state the name of the owner of the manufactured home, the date the manufacturer's certificate of origin was delivered for surrender, the county of recordation, the date of recordation, and the book and page number of each book of deeds where there has been recorded an affidavit of affixation pursuant to paragraph (c) of subdivision two of section two hundred ninety-six-a of the real property law and this article, and any other data the commissioner prescribes.
(i) The commissioner shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with section twenty-one hundred seventeen-b of this article, when satisfied as to its genuineness and regularity.
(j) The commissioner shall maintain a record of each manufactured home certificate of title that he or she accepts for surrender as provided in section twenty-one hundred seventeen-b of this article. The record shall state the name of the owner of the manufactured home, the date the certificate of title was delivered for surrender, the county of recordation, the date of recordation, the book and page number of each book of deeds where there has been recorded an affidavit of affixation pursuant to paragraph (c) of subdivision two of section two hundred ninety-six-a of the real property law and this article, and any other data the commissioner prescribes.
(k) The commissioner shall file, upon receipt, each application for confirmation of conversion relating to a manufactured home that is delivered in accordance with section twenty-one hundred seventeen-c of this article, when satisfied as to its genuineness and regularity.
(l) The commissioner shall maintain a record of each application for confirmation of conversion accepted as provided in section twenty-one hundred seventeen-c of this article. The record shall state the name of
S. 6277--A 5 A. 7751--A
the owner of the manufactured home, the county of recordation, the date of recordation, the book and page number of each book of deeds where there has been recorded an affidavit of affixation pursuant to paragraph (c) of subdivision two of section two hundred ninety-six-a of the real property law and this article, and any other data the commissioner prescribes.
(m) The commissioner shall file, upon receipt, each application for a new certificate of title relating to a manufactured home that is delivered in accordance with section twenty-one hundred seventeen-d of this article, when satisfied as to its genuineness and regularity.
(n) The commissioner shall maintain a record of each affidavit of severance he or she files in accordance with subdivision (m) of this section and section twenty-one hundred seventeen-d of this article. The record shall state the name of the owner of the manufactured home, the county of recordation, the date of recordation, the book and page number of each book of deeds where there has been recorded an affidavit of severance pursuant to subdivision nine of section two hundred ninetysix-a of the real property law, and any other data the commissioner prescribes.
(o) Notwithstanding the provisions of any other law, the commissioner shall maintain the records required by this section indefinitely.
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