Mobile Home Owner's Rights in New York State

The Mobile Home Owner's Bill of Rights is codified in New York Property Law Section 233.

In New York, the legal rights between mobile home tenants and park owners are governed by the Mobile Home Owner's Bill of Rights. The New York State Division of Housing & Community Renewal (DHCR) is responsible for regulating the manufactured homes laws and investigating consumer complaints against their mobile home park landlords

Tenants' Rights

Tenants in mobile homes have a right to enjoy their property peacefully, free from unnecessary intrusions and noise. Landlords have an implied duty of habitability that requires them to maintain livable, safe and sanitary common areas, grounds and roads. Tenants have a right to water, utility services and working sanitation and plumbing. Tenants have a right to non-discriminatory treatment, and landlords cannot enforce their rules arbitrarily. Tenants have a right to require their landlords to correct any violations of their rules and regulations within 10 days.

Leases

Mobile home park owners must offer each prospective tenant a right to sign a lease for at least one-year. Landlords must provide each of their tenants with a copy of their current park rules and regulations at the beginning of their tenancy and provide a written statement of park fees and allowable charges. A landlord cannot require his tenants to sign unconscionable leases that violate state, federal or local housing laws. A tenant has a right to demand an automatic lease renewal if he is not delinquent in his rent payments and is not in violation of any other provisions of his lease.

Rent and Security Deposits

Landlords must keep their tenants' security deposits in interest-bearing accounts and provide the names and banks of where they are keeping their funds. Effective January 2, 2009, mobile home park owners cannot increase their rent more than once annually. Landlords must provide their tenants with written notice of any allowable rent increase at least 90 days before the increase becomes effective. Before they change park rules and regulations, landlords must provide at least 30 days written notice of those changes.

Rights to Sell

Tenants have a right to place "for sale" signs in front of their mobile homes and freely sell their homes. A landlord cannot require his tenants to sell their mobile homes outside of his park and must allow them to sell their homes inside of his park as long as they comply with governmental regulations. A landlord cannot require his tenant to pay him a sales commission in exchange for the tenant's right to sell his home unless agreed to and incorporated within the lease.

Considerations

Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.

References

• New York State Division of Housing and Community Renewal: Manufactured Home Park Tenants and Owners Information
• New York State Real Property Law Section 233: Manufactured Homes Program

Resources

• New York State Division of Housing and Community Renewal: Forms & Applications