New York Mobile Home Park Laws and Regulations

In New York, the legal term for a mobile home is generally “manufactured home.” The term manufactured home is defined under New York Real Property Law Section 233 and Article 21-B of the Executive Law. A manufactured home includes both Housing and Urban Development (“HUD”) Code homes built on or after June 15, 1976, and mobile homes constructed prior to that date.

These types of structures are designed for long-term residential use and are transportable in one or more sections, typically at least 320 square feet in size. By default, a manufactured home is considered personal property under New York law unless certain conditions are met.

However, mobile homes can be classified as real property if the owner elects to treat it as such.

For example, if the home is permanently affixed to land owned by the homeowner and connected to utilities, it may be assessed as real property for tax purposes. This classification is governed by the New York State Department of Taxation and Finance and outlined in Real Property Tax Law Section 102(12)(g).

It is important to note that New York Real Property Law Section 233, also known as the Manufactured Home Tenants’ Bill of Rights, governs manufactured home tenancies. This applies to situations where a tenant leases a lot in a manufactured home park. The statute defines key landlord-tenant terms and sets out rules for lease agreements, landlord access, tenant protections, and park regulations across the state.

If you have any questions, New York attorneys familiar with mobile home park laws and regulations will be able to assist you in navigating these statutes and regulations.

Are Mobile Homes Regulated in New York?

Yes, as mentioned above, mobile homes in New York are regulated under several state laws and administrative codes. Examples of common regulations of mobile homes in New York include:

• New York Executive Law Article 21-B: This law governs the certification, sale, installation, and servicing of manufactured home
  • It establishes the Manufactured Housing Certification Program, which sets requirements for manufacturers, retailers, installers, and mechanics, including standards for safety, warranty seals, consumer protection, and dispute resolution
• New York Codes, Rules and Regulations (“NYCRR”) Title 19, Part 1210: These regulations contain detailed rules adopted by the New York Department of State
  • They cover installation procedures, licensing qualifications, continuing education, enforcement mechanisms, and consumer complaint processes
  • For example, Part 1210.10 outlines how manufactured homes must be installed to meet safety and anchoring requirements
• New York Real Property Law § 233: This statute regulates the leasing of lots in manufactured home parks. It defines tenant rights, landlord responsibilities, lease terms, eviction procedures, and park rules under the Manufactured Home Tenants’ Bill of Rights

All of the above statutes and rules form a comprehensive regulatory framework that ensures mobile homes in New York meet construction and safety standards, and also ensure that residents are protected under tenancy and consumer protection laws. Additional laws may apply depending on the specific circumstances, such as zoning ordinances, environmental regulations, or local building codes.

What Is a Mobile Home Park?

Once again, in New York, a mobile home park is legally referred to as a manufactured home park. The definition is provided in New York Real Property Law Section 233(a)(3), which states that a manufactured home park is “a contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living.”

This threshold of three or more homes is what distinguishes a manufactured home park from smaller or informal arrangements. These parks are subject to specific regulations under Section 233 of the New York Real Property Law, which governs the relationship between park owners and tenants in such settings.

The law applies when a park owner leases a lot to a tenant for the purpose of placing a manufactured home on it. It does not apply if the park owner leases both the home and the lot to the tenant, or if the tenant is placing other types of dwellings, such as modular homes or recreational vehicles on the property.

What Are Mobile Home Park Owners’ Responsibilities in New York?

In New York, mobile home park owners have specific responsibilities under Section 233 of the New York Real Property Law. These duties are designed to protect tenants and ensure a safe, habitable, and fair living environment. Once again, the law applies when three or more manufactured homes are placed on a contiguous parcel of land for year-round occupancy.

Examples of key responsibilities of mobile home park owners in New York include that park owners must:

• Offer a written lease with a minimum initial term of one year to every tenant prior to occupancy
• Disclose park rules and regulations in writing, and provide tenants with at least 30 days’ notice before implementing new rules
• Maintain common areas and infrastructure in a safe and livable condition, consistent with the implied warranty of habitability
• Repair and maintain utility systems serving the park, including water, sewage, and electrical connections, unless otherwise agreed in writing
• Provide written receipts for rent payments made in cash or by any method other than personal check
• Give at least 90 days’ written notice before increasing rent, fees, or assessments, and offer lease renewals annually
• Comply with zoning and building codes, including those governing occupancy limits and anchoring systems
• Disclose ownership and management contact information upon request
• Refrain from retaliatory actions against tenants who report health, safety, or legal violations, or who participate in tenant associations

It is important to note that all of the above responsibilities are enforceable under New York law, and failure to comply may result in civil penalties, injunctions, or other legal remedies against the mobile home park owner.

What Rights Does a Mobile Home Park Landlord Have in New York?

In New York, mobile home park landlords, also known as manufactured home park owners, have several rights under Section 233 of the New York Real Property Law. These legal rights include all of the following:

• The right to adopt and enforce reasonable park rules and regulations, provided they are applied uniformly and are not arbitrary or capricious (Real Property Law Section 233(b)(5))
• The right to access a tenant’s manufactured home in emergencies or with proper notice and consent, consistent with privacy protections and lease terms
• The right to terminate tenancies for nonpayment of rent or violations of park rules, following written notice and an opportunity for the tenant to cure the violation (Real Property Law Section 233(b)(2)–(5))
• The legal right to nonrenew a lease in cases involving a change in land use, with at least two years’ advance notice and a court-ordered stipend of up to $15,000 per homeowner (Real Property Law Section 233(b)(6))
• The legal right to seek damages or remedies for early termination or breach of lease, subject to judicial review and tenant defenses

All of these rights are balanced by all of the robust tenant protections under New York law, including the right to a habitable living environment, protection from retaliation, and access to dispute resolution through the courts or the Division of Housing and Community Renewal (“DHCR”).

What Are My Rights as a New York Mobile Home Owner?

As a mobile home owner in New York who leases a lot in a manufactured home park, your rights are protected under Section 233 of the New York Real Property Law, also known as the Manufactured Home Tenants’ Bill of Rights. These rights ensure fair treatment, transparency, and safe living conditions.

Examples of key rights as a New York mobile home owner include the right to:

• Have a written rental agreement with a minimum initial term of one year
• Receive at least 90 days’ advance notice of nonrenewal or any increasing rent
• Protection from retaliation for reporting health or safety violations or joining a tenant association
• Hold tenant meetings and organize cooperatives without interference
• Access clean, safe, and properly maintained common areas, including roads and utility systems
• Receive disclosure of park ownership and management contact information upon request
• Obtain proper receipts for any cash payments and maintain accurate rental records
• Receive written notice and a 30-day review period before new park rules take effect
• Challenge rent increases above 3% unless justified by increased operating costs or property taxes
• Seek legal remedies if the park owner violates your rights, including injunctions or damages

Once again, all of the above rights apply when you’re renting a lot in a community with three or more manufactured homes placed for year-round occupancy.

What if a Landlord Commits a Legal Violation in Relation to a Tenant?

If a landlord in a New York manufactured home park violates the law, such as by failing to maintain common areas, retaliating against a tenant, or breaching lease terms. In such cases, the tenant may pursue remedies under New York Real Property Law Section 233.

These legal remedies can include injunctive relief, actual damages, civil penalties, and reasonable attorney’s fees, especially in cases involving retaliation or violations of the Warranty of Habitability. Additionally, tenants are protected from retaliation under Section 233(m), which prohibits park owners from penalizing residents for reporting health or safety violations, joining tenant associations, or exercising other legal rights.

This means that landlords cannot take adverse action against tenants who assert their rights under state law. Legal violations may also justify lease termination, rent withholding, or other judicial remedies, depending on the severity and nature of the breach. Experienced New York lawyers will be able to help you review your case and determine your best course of legal action. LegalMatch can assist you in locating an attorney near you experienced in handling landlord tenant claims similar to yours and setting up a legal consultation in New York.

Should I Hire a Lawyer for Help With My Mobile Home?

If you’re having an issue related to your mobile home, especially as a tenant, then it is recommended to immediately consult with an experienced New York landlord tenant lawyer near you.

They can also file the appropriate lawsuit and motions to get you relief from the issues that you may be facing. Finally, they can also represent you at any in person hearing, as needed.