Ulster County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Legislature of the County of Ulster by L.L. No. 7-1989. Amendments noted where applicable.]

§ 245-1 Findings and legislative intent.

A. 
This Legislature hereby finds and declares that the shortage of decent affordable housing for persons of low and moderate income remains significant and must be addressed in new and innovative ways; that a particular housing problem exists for homeowners residing in manufactured or mobile home parks,[1] wherein there is the potential for serious dislocation of families and loss of equity through the sale of manufactured or mobile homes; that manufactured or mobile home park residents frequently lack the resources to purchase new homes or move existing homes; and that in Ulster County there are over 82 manufactured or mobile home parks in which several thousand manufactured or mobile home owners reside. These manufactured or mobile home owners are a unique combination of homeowner and tenant since they own their home but rent the lot on which it is situated. The present vacancy rate of lots in manufactured or mobile home parks in Ulster County is estimated to be very low, and as vacancies have occurred park owners have required that only new homes may be placed on these lots. These circumstances make it imperative that laws be enacted which protect manufactured or mobile home owners from arbitrary eviction and guarantee their right to sell their homes in place. Without such protections for manufactured or mobile home owners, their investment in a home in Ulster County is fraught with unreasonable risk.
[1]
Editor's Note: Throughout this chapter, the term "mobile home" was amended to read "manufactured or mobile home" 8-17-2010 by L.L. No. 3-2010.
B. 
Manufactured or mobile homes are generally more affordable than conventionally built homes, and this Legislature wants to encourage the ownership of manufactured or mobile homes under conditions which afford protection of the expectation of such homeowners that the equity in their homes will grow over time as long as they maintain their homes in good condition. This chapter is based on a determination by this Legislature that the current state law to protect manufactured or mobile home owners, Real Property Law § 233, is ambiguous and inadequate to protect the rights of manufactured or mobile home owners to stay in parks and sell their homes in place when they leave.

§ 245-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EVICTION
In addition to its ordinary meaning, the cessation or nonrenewal of a lease or of the occupancy of a manufactured or mobile home or from a manufactured or mobile home park as a result of an act of a manufactured or mobile home park owner or operator.
MANUFACTURED HOME
As defined in Real Property Law § 233, Subdivision a(4).
[Added 8-17-2010 by L.L. No. 3-2010]]
MANUFACTURED OR MOBILE HOME OWNER
One who holds title to a manufactured or mobile home and rents a space for it in a manufactured or mobile home park.
MANUFACTURED OR MOBILE HOME PARK
A contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured or mobile homes occupied for year-round living.
MANUFACTURED OR MOBILE HOME PARK OWNER OR OPERATOR
The person in charge of a manufactured or mobile home park. This term shall include, but not be limited to, the owner of the land, the manager, assistant manager or any other person in charge of the operations or activities of a manufactured or mobile home park.
MOBILE HOME
As defined in Real Property Law § 233, Subdivision a(5).
[Added 8-17-2010 by L.L. No. 3-2010]]

§ 245-3 Grounds for eviction.

A. 
A manufactured or mobile home park owner or operator may not evict a manufactured or mobile home owner other than for the following reasons:
(1) 
The manufactured or mobile home owner has defaulted in the payment of rent and a proper demand with at least 30 days' notice in writing has been made for such delinquent rent. On payment of such delinquent rent, together with allowable costs, any action instituted for nonpayment of rent shall be terminated.
[Amended 8-17-2010 by L.L. No. 3-2010]]
(2) 
The manufactured or mobile home owner is persistently late in the payment of rent. It shall be presumed that a manufactured or mobile home owner is persistently late in the payment of rent if, within any twelve-month period, the manufactured or mobile home owner has tendered the rent more than 10 days beyond the due date more than three times and the manufactured or mobile home park owner or operator has given the manufactured or mobile home owner written notice by certified mail warning the manufactured or mobile home owner that further late payment of rent will cause the manufactured or mobile home park owner or operator to institute an eviction proceeding.
(3) 
The manufactured or mobile home or rented space is used for any illegal trade or business.
(4) 
The manufactured or mobile home owner is in violation of a federal, state or local law or ordinance which may be deemed detrimental to the safety and welfare of any persons residing in the manufactured or mobile home park. The manufactured or mobile home park owner shall give prior written notice to the manufactured or mobile home owner of the specific law being violated, and said owner shall have failed to correct such violation within 10 days after receiving such notice.
(5) 
The manufactured or mobile home tenant or anyone occupying the manufactured or mobile home is in violation of any lease term or rule or regulation established by the manufactured or mobile home park owner or operator pursuant to this section and has continued in violation for more than 10 days after the manufactured or mobile home park owner or operator has given written notice of such violation to the manufactured or mobile home tenant setting forth the lease term or rule or regulation violated and directing that the manufactured or mobile home tenant correct or cease violation of such lease term or rule or regulation within 10 days from the receipt of said notice. Upon expiration of such period, should the violation continue or should the manufactured or mobile home tenant or anyone occupying the manufactured or mobile home be deemed a persistent violator of the lease term or rules and regulations, the park owner or operator may serve written notice upon the manufactured or mobile home tenant directing that such tenant vacate the premises within 30 days of the receipt of said notice.
(6) 
The manufactured or mobile home park owner or operator proposes a change in the use of the land comprising the manufactured or mobile home park, or a portion thereof, on which the manufactured or mobile home is located, from manufactured or mobile home lot rentals to some other use, provided that the manufactured or mobile home owner is given at least six months' written notice, or longer if a longer term remains in a rental agreement, of the proposed change of use and the manufactured or mobile home owner's need to secure other accommodations.
(7) 
The manufactured or mobile home tenant continues in possession of any portion of the premises after the expiration of his term without the permission of the manufactured or mobile home park owner or operator.
[Added 8-17-2010 by L.L. No. 3-2010]]
B. 
No manufactured or mobile home owner shall be denied a continuance or renewal of a lease so long as he or she has, during the period of occupancy, complied with the terms of the lease and the rules and regulations of the manufactured or mobile home park then in effect. In the event that a manufactured or mobile home owner or operator wishes to deny the continuance or renewal of a lease based upon the failure of the manufactured or mobile home owner to comply with the terms of the lease and the rules and regulations of the manufactured or mobile home park then in effect, said manufactured or mobile home park owner or operator shall give 90 days' advance notice of his or her intent to deny such continuance of renewal, which shall be delivered by registered or certified mail, return receipt requested.

§ 245-4 Right to sell.

A. 
No manufactured or mobile home park owner or operator shall require the removal of or increased rental for a manufactured or mobile home occupying a lot in a manufactured or mobile home park solely on the grounds of the age, size or model of such manufactured or mobile home.
B. 
No manufactured or mobile home park owner or operator shall deny any manufactured or mobile home owner the right to sell his manufactured or mobile home in the manufactured or mobile home park or require the manufactured or mobile home owner or subsequent purchaser to remove the manufactured or mobile home from the manufactured or mobile home park based solely on the sale thereof, provided that the manufactured or mobile home owner shall give the manufactured or mobile home park owner or operator 20 days' written notice of his intention to sell. The manufactured or mobile home park owner or operator may reserve the right to approve the purchaser of said manufactured or mobile home as a tenant in the park, but such approval shall not be unreasonably withheld. Approval of a purchaser must be granted or denied within 15 days from the date the manufactured or mobile home park owner or operator is notified by registered or certified mail, return receipt requested, of the name, address and information as to the credit worthiness of the prospective purchaser. If the manufactured or mobile home park owner or operator rejects a purchaser as a prospective tenant, he or she shall notify the prospective seller of the reasons therefor in writing.
C. 
If the manufactured or mobile home park owner or operator fails to act within the fifteen-day period, the purchaser shall have been deemed approved.
D. 
If the manufactured or mobile home park owner or operator unreasonably withholds permission, the manufactured or mobile home owner may sue for any damages resulting therefrom. If it is found by the court that the manufactured or mobile home park owner or operator unreasonably or in bad faith withheld such approval, the manufactured or mobile home owner may recover attorney fees in addition to any other available remedy at law or in equity. If a claim or counterclaim is found to be frivolous, the court may award costs and attorney fees pursuant to Civil Practice Law and Rules § 8303-a.
E. 
If a manufactured or mobile home park owner or operator chooses to sign an agreement with a lending institution to enable the prospective purchaser to get a loan using a manufactured or mobile home as collateral, no charges can be levied for such agreement.
F. 
Whenever a lending institution repossesses a manufactured or mobile home due to a default on its loan, the lending institution shall have the right to keep the manufactured or mobile home on the space until it secures a buyer who meets the reasonable approval of the park owner as a tenant so long as the lending institution pays the park owner all past due rentals and a monthly fee for use and occupancy equal to the monthly rent of the defaulting tenant and maintains the home and premises according to the rules of the park.

§ 245-5 Enforcement and remedies.

A violation or failure to comply with any provision of this chapter may be raised as a complete defense, or as a counterclaim, by a manufactured or mobile home owner in any action or proceeding brought by a manufactured or mobile home park owner or operator who seeks the eviction of a manufactured or mobile home owner in Ulster County. In the event that the manufactured or mobile home owner shall prevail in such action or proceeding as a result of such violation or failure to comply with this chapter, the manufactured or mobile home owner shall be awarded and recover attorney fees in addition to any other damages suffered.