[HISTORY: Adopted by the County Legislature
of the County of Ulster by L.L.
No. 7-1989. Amendments noted where applicable.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
As defined in Real Property Law § 233, Subdivision
a(4).
[Added 8-17-2010 by L.L.
No. 3-2010]]
One who holds title to a manufactured or mobile home and
rents a space for it in a 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.
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.
As defined in Real Property Law § 233, Subdivision
a(5).
[Added 8-17-2010 by L.L.
No. 3-2010]]
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.
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.
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.
