2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
233 - Manufactured home parks; duties, responsibilities.

 
    §  233. Manufactured home parks; duties, responsibilities. a. Wherever
  used in this section:
    1. The term "manufactured home tenant" means one who rents space in  a
  manufactured  home  park from a manufactured home park owner or operator
  for the purpose of parking his manufactured home  or  one  who  rents  a
  manufactured  home  in a manufactured home park from a manufactured home
  park owner or operator.
    2. The term "manufactured home owner" means one who holds title  to  a
  manufactured home.
    3.  The  term  "manufactured  home  park" means a contiguous parcel of
  privately owned land which is used for the  accommodation  of  three  or
  more manufactured homes occupied for year-round living.
    4.  The  term  "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 the required utilities,
  and includes the plumbing,  heating,  air-conditioning,  and  electrical
  systems contained therein; except that such term shall include a "mobile
  home"  as defined in paragraph five, and shall include a structure which
  meets  all  the  requirements  of  this  subdivision  except  the   size
  requirements  and  with  respect  to  which the manufacturer voluntarily
  files a certification required by the secretary  of  housing  and  urban
  development.
    5.  The  term  "mobile  home"  means  a  moveable  or  portable  unit,
  manufactured prior  to  January  first,  nineteen  hundred  seventy-six,
  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
  exclusively for residential purposes, excluding travel trailers.
    b. A manufactured  home  park  owner  or  operator  may  not  evict  a
  manufactured home tenant other than for the following reasons:
    1. The manufactured home tenant continues in possession of any portion
  of  the premises after the expiration of his term without the permission
  of the manufactured home park owner or operator.
    2. The manufactured home tenant has defaulted in the payment of  rent,
  pursuant  to  the  agreement  under  which  the premises are held, and a
  demand of the rent with at least thirty days notice in writing has  been
  served  upon  him  as prescribed in section seven hundred thirty-five of
  the real property actions and proceedings law. Upon  the  acceptance  of
  such delinquent rent together with allowable costs, an action instituted
  for nonpayment of rent shall be terminated. Any person succeeding to the
  manufactured  home park owner or operator's interest in the premises may
  proceed under this subdivision for rent due his predecessor in  interest
  if he has a right thereto.
    3.  The  premises,  or  any  part  thereof,  are used or occupied as a
  bawdy-house, or house or place of assignation for lewd purposes  or  for
  purposes of prostitution, or for any illegal trade or business.
    4. The manufactured home tenant is in violation of some federal, state
  or  local law or ordinance which may be deemed detrimental to the safety
  and welfare of the other persons residing in the manufactured home park.

    5. The manufactured home tenant or anyone occupying  the  manufactured
  home is in violation of any lease term or rule or regulation established
  by  the  manufactured  home  park  owner  or  operator  pursuant to this
  section, and has continued in violation for more than ten days after the
  manufactured  home  park  owner  or operator has given written notice of
  such violation to the manufactured home tenant setting forth  the  lease
  term  or rule or regulation violated and directing that the manufactured
  home tenant correct or cease violation of such lease  term  or  rule  or
  regulation  within  ten  days  from the receipt of said notice. Upon the
  expiration of such period should the violation continue  or  should  the
  manufactured  home  tenant  or anyone occupying the manufactured 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  home  tenant  directing that he vacate the premises within
  thirty days of the receipt of said notice.
    6. (i) The manufactured home park owner or operator proposes a  change
  in  the  use  of  the  land  comprising the manufactured home park, or a
  portion thereof,  on  which  the  manufactured  home  is  located,  from
  manufactured   home   lot  rentals  to  some  other  use,  provided  the
  manufactured home owner is given written notice of the  proposed  change
  of   use  and  the  manufactured  home  owner's  need  to  secure  other
  accommodations. Whenever a manufactured  home  park  owner  or  operator
  gives a notice of proposed change of use to any manufactured home owner,
  the  manufactured  home  park owner or operator shall, at the same time,
  give notice of the proposed change of use to all other manufactured home
  owners in the manufactured home park who  will  be  required  to  secure
  other  accommodations  as  a  result  of  such  proposed  change of use.
  Eviction proceedings based on a change in use  shall  not  be  commenced
  prior to six months from the service of notice of proposed change in use
  or  the  end of the lease term, whichever is later. Such notice shall be
  served in the manner prescribed in section seven hundred thirty-five  of
  the  real  property  actions  and  proceedings law or by certified mail,
  return receipt requested.
    (ii) Where a purchaser of a manufactured home park certified that such
  purchaser did not intend to change the  use  of  the  land  pursuant  to
  paragraph  (b)  of subdivision two of section two hundred thirty-three-a
  of this article, no eviction proceedings based on a change of use  shall
  be  commenced  until the expiration of sixty months from the date of the
  closing on the sale of the park.
    c. If the manufactured home park owner or operator does not  have  one
  of  the  above grounds available, the manufactured home tenant may raise
  the same by affirmative defense to an action for eviction.
    d. The proceedings to evict shall be governed by  the  procedures  set
  forth in article seven of the real property actions and proceedings law,
  except  for  the  provisions of subdivision two of section seven hundred
  forty-nine of the real property actions and proceedings law which  shall
  be superseded by the provisions of this subdivision.
    1.  The  officer  to  whom the warrant is directed and delivered shall
  give at  least  ninety  days  notice,  in  writing  and  in  the  manner
  prescribed in article seven of the real property actions and proceedings
  law  for  the service of notice of petition, to the person or persons to
  be evicted or dispossessed and shall execute  the  warrant  between  the
  hours of sunrise and sunset.
    2.  The  court  may  order that such warrant be directed and delivered
  with only thirty days written notice to the  person  or  persons  to  be
  evicted  or  dispossessed  if  the conditions upon which the eviction is
  founded pose an imminent threat to the health, safety, or welfare of the
  other manufactured home tenants in the manufactured home park.

    3. The court shall order that such warrant be directed  and  delivered
  with  thirty  days written notice to the person or persons to be evicted
  or dispossessed if the condition upon which the eviction is  founded  is
  that such person is in default in the payment of rent.
    4.  Notwithstanding  the  provisions of paragraphs one and two of this
  subdivision, nor of any other general, special or  local  law,  rule  or
  regulation  to the contrary, the officer to whom the warrant is directed
  and delivered shall give seventy-two hours written notice to the  person
  or  persons  to  be  evicted  or dispossessed, if such person or persons
  rents  a  manufactured  home  in  a  manufactured  home  park   from   a
  manufactured  home park owner or operator and such officer shall execute
  such warrant between the hours of sunrise and sunset.
    e. Leases. 1. The manufactured home park owner or operator shall offer
  every manufactured home tenant prior to occupancy,  the  opportunity  to
  sign  a  lease  for  a minimum of one year, which offer shall be made in
  writing.
    2. (i) On or before, as appropriate, (a) the first day of  October  of
  each  calendar  year  with  respect to a manufactured home owner then in
  good standing who is not currently a party to a  written  lease  with  a
  manufactured  home  park owner or operator or (b) the ninetieth day next
  preceding the expiration date of any existing written  lease  between  a
  manufactured  home  owner  then in good standing and a manufactured home
  park owner or operator, the manufactured home  park  owner  or  operator
  shall  submit  to  each  such manufactured home owner a written offer to
  lease for a term of at least twelve months from  the  commencement  date
  thereof  unless  the  manufactured  home  park  owner  or  operator  has
  previously  furnished  the  manufactured   home   owner   with   written
  notification  of  a  proposed change of use pursuant to paragraph six of
  subdivision b of this section. Any such offer shall include  a  copy  of
  the  proposed  lease  containing  such  terms  and conditions, including
  provisions for rent and other charges, as  the  manufactured  home  park
  owner  shall  deem  appropriate;  provided such terms and conditions are
  consistent  with  all  rules  and   regulations   promulgated   by   the
  manufactured  home  park operator prior to the date of the offer and are
  not otherwise prohibited or limited by applicable law. Such offer  shall
  also contain a statement advising the manufactured home owner that if he
  or  she  fails  to execute and return the lease to the manufactured home
  park owner or operator within  thirty  days  after  submission  of  such
  lease,  the manufactured home owner shall be deemed to have declined the
  offer of a lease and shall not have  any  right  to  a  lease  from  the
  manufactured  home park owner or operator for the next succeeding twelve
  months.
    (ii) For purposes of this paragraph, a manufactured home  owner  shall
  be deemed in good standing if he or she is not in default in the payment
  of  more  than one month's rent to the manufactured home park owner, and
  is not in violation of paragraph three, four or five of subdivision b of
  this section. No manufactured home park owner or operator  shall  refuse
  to  provide a written offer to lease based on a default of rent payments
  or a violation of paragraph three, four or five of subdivision b of this
  section unless, at least thirty days prior to the last date on which the
  owner or operator would otherwise be required to  provide  such  written
  offer  to  lease,  the  owner or operator notifies the manufactured home
  owner, in writing, of the  default  in  rent  or  the  specific  grounds
  constituting  the  violation and such grounds continues up and until the
  fifth calendar day immediately preceding the  last  date  on  which  the
  written offer would otherwise be required to be made.
    (iii)  For  purposes  of  this paragraph, the commencement date of any
  lease offered by the manufactured home park owner  to  the  manufactured

  home  owner  shall  be  the  ninetieth day after the date upon which the
  manufactured home park owner shall  have  provided  the  offer  required
  pursuant  to this paragraph; provided, however, that no such lease shall
  be  effective if, on such commencement date, the manufactured home owner
  is in  default  of  more  than  one  month's  rent.  In  the  event  the
  manufactured  home  owner  shall  have failed to execute and return said
  lease to the manufactured home park owner or operator within thirty days
  after it is submitted to the manufactured  home  owner  as  required  by
  subparagraph  (i) of this paragraph the manufactured home owner shall be
  deemed to have declined to enter said lease.
    3.  No  lease  provision  shall  be  inconsistent  with  any  rule  or
  regulation in effect at the commencement of the lease.
    f.  Rules  and  regulations.  1.  A  manufactured  home  park owner or
  operator may promulgate rules and regulations governing  the  rental  or
  occupancy of a manufactured home lot provided such rules and regulations
  shall  not be unreasonable, arbitrary or capricious. A copy of all rules
  and regulations shall be delivered by the manufactured home  park  owner
  or operator to all manufactured home tenants at the same time such owner
  or   operator  initially  offers  the  written  lease  provided  for  in
  subdivision e of this section. A copy of the rules and regulations shall
  be posted in  a  conspicuous  place  upon  the  manufactured  home  park
  grounds.
    2.   If  a  rule  or  regulation  is  not  applied  uniformly  to  all
  manufactured home tenants of the manufactured home park there shall be a
  rebuttable presumption that such rule  or  regulation  is  unreasonable,
  arbitrary  and  capricious,  provided,  however,  that  an inconsistency
  between a rule or regulation and a  lease  term  contained  in  a  lease
  signed  before  the  date  the rule or regulation is effective shall not
  raise a rebuttable presumption that such rule is unreasonable, arbitrary
  or capricious.
    3. Any rule or regulation which does not conform to  the  requirements
  of  this section or which has not been supplied or posted as required by
  paragraph one of this subdivision shall  be  unenforceable  and  may  be
  raised  by the manufactured home tenant as an affirmative defense in any
  action to evict on the basis of a violation of such rule or regulation.
    4. No rules or regulations may be changed  by  the  manufactured  home
  park  owner or operator without specifying the date of implementation of
  said changed rules and regulations, which date shall be  no  fewer  than
  thirty days after written notice to all tenants.
    5. A mobile home park owner or operator may not prohibit the placement
  of  a  for  sale  sign  on  any mobile home. A rule or regulation may be
  promulgated limiting the maximum size of such sign;  provided,  that  it
  does  not  prohibit signs the size of which do not exceed the smaller of
  three  feet  by  two  feet  or  the  maximum  size  allowed  by  law  or
  governmental regulation or ordinance, if any.
    g.  1. No tenant shall be charged a fee for other than rent, utilities
  and charges for facilities and services available  to  the  tenant.  All
  fees,  charges  or  assessments  must  be reasonably related to services
  actually rendered.
    2. A manufactured home park owner or operator  shall  be  required  to
  fully  disclose  in  writing  all  fees, charges, assessments, including
  rental fees, rules and regulations prior to a manufactured  home  tenant
  assuming occupancy in the manufactured home park.
    3.  No  fees,  charges, assessments or rental fees may be increased by
  manufactured home park owner or operator without specifying the date  of
  implementation  of  said fees, charges, assessments or rental fees which
  date shall be no less than ninety  days  after  written  notice  to  all
  manufactured  home tenants. Failure on the part of the manufactured home

  park  owner  or  operator  to  fully  disclose  all  fees,  charges   or
  assessments  shall  prevent the manufactured home park owner or operator
  from collecting said fees, charges or assessments, and  refusal  by  the
  manufactured  home  tenant  to  pay any undisclosed charges shall not be
  used by the manufactured home park owner or  operator  as  a  cause  for
  eviction in any court of law.
    4.  (a) Whenever money shall be deposited or advanced on a contract or
  license agreement for the use or rental of premises and the manufactured
  home, if rented, in a manufactured home park as security for performance
  of the contract or agreement or to be  applied  to  payments  upon  such
  contract  or  agreement  when  due,  such  money  with interest accruing
  thereon, if any, until repaid or so applied, shall continue  to  be  the
  money  of the person making such deposit or advance and shall be a trust
  fund in the possession of the person with whom such deposit  or  advance
  shall  be  made  and  shall not be mingled with other funds or become an
  asset of the park owner, operator or his agent.
    (b) Whenever the person receiving money so deposited or advanced shall
  deposit  such  money  in  a  banking  organization,  such  person  shall
  thereupon  notify  in  writing  each of the persons making such security
  deposit  or  advance,  giving  the  name  and  address  of  the  banking
  organization  in  which  the  deposit of security money is made, and the
  amount of such deposit. Deposits in a banking organization  pursuant  to
  the   provisions  of  this  subdivision  shall  be  made  in  a  banking
  organization having a place of business within the state. If the  person
  depositing  such  security money in a banking organization shall deposit
  same in an interest bearing account, he shall be entitled to receive, as
  administration expenses, a sum equivalent to one percent per annum  upon
  the  security  money  so  deposited, which shall be in lieu of all other
  administrative and custodial expenses. The balances of the interest paid
  by the banking organization shall be the money of the person making  the
  deposit  or advance and shall either be held in trust by the person with
  whom such deposit or advance shall be made, until repaid or applied  for
  the use or rental of the leased premises, or annually paid to the person
  making the deposit of security money.
    (c) Whenever the money so deposited or advanced is for the rental of a
  manufactured  home park lot on property on which are located six or more
  manufactured home park lots, the  person  receiving  such  money  shall,
  subject  to  the  provisions  of this section, deposit it in an interest
  bearing account in a banking organization within the state which account
  shall earn interest at a rate which shall be the prevailing rate  earned
  by other such deposits made with the banking organizations in such area.
    (d) In the event that a lease terminates other than at the time that a
  banking  organization  in  such area regularly pays interest, the person
  depositing such security money shall pay over to his  manufactured  home
  tenant  such interest as he is able to collect at the date of such lease
  termination.
    (e) Any provision of such a contract or agreement whereby a person who
  so deposits or advances money waives any provision of  this  subdivision
  is void.
    h. No manufactured home park owner shall:
    1.  Require  a  manufactured home tenant therein to purchase from said
  manufactured home park owner or operator skirting or equipment for tying
  down  manufactured  homes,  or  any  other   equipment.   However,   the
  manufactured  home  park  owner  or  operator  may  determine by rule or
  regulation the style or quality of such equipment to be purchased by the
  manufactured home tenant  from  the  vendor  of  the  manufactured  home
  tenant's choosing, providing such equipment is readily available.

    2.  Charge  any  manufactured  home  tenant  who chooses to install an
  electric or gas appliance in his manufactured  home  an  additional  fee
  solely  on  the  basis  of such installation unless such installation is
  performed by the manufactured home park owner or operator at the request
  of  the  manufactured  home tenant, nor shall the manufactured home park
  owner or operator restrict the installation, service or  maintenance  of
  any such appliance, restrict the ingress or egress of repairers to enter
  the  manufactured  home park for the purpose of installation, service or
  maintenance of any  such  appliance,  or  restrict  the  making  of  any
  interior  improvement  in  such  manufactured  home,  so long as such an
  installation or improvement is in compliance  with  applicable  building
  codes  and  other  provisions  of law and further provided that adequate
  utilities are available for such installation or improvement.
    3. Require, by contract, rule, regulation or otherwise, a manufactured
  home dweller to purchase from the manufactured home park  owner  or  any
  person  acting  directly  or  indirectly  on  behalf  of the park owner,
  commodities or services incidental to placement or  rental  within  such
  park;  nor shall the park owner restrict access to the manufactured home
  park to any person employed, retained or requested by  the  manufactured
  home   dweller   to  provide  such  commodity  or  service,  unless  the
  manufactured home  park  owner  establishes  that  such  requirement  or
  restriction is necessary to protect the property of such park owner from
  substantial harm or impairment.
    4.  Require  a  manufactured  home owner or a prospective manufactured
  home  owner  to  purchase  his  or  her  manufactured  home   from   the
  manufactured  home park owner or operator, or from any person or persons
  designated by the manufactured home  park  owner  or  operator.  Nothing
  herein  shall  be construed to prevent a manufactured home park owner or
  operator from requiring that any new manufactured home to  be  installed
  in  his  or  her  manufactured  home  park  comply  with  the  rules and
  regulations of said manufactured home park or conform  to  the  physical
  facilities then existing for installation of a manufactured home in said
  manufactured home park.
    i.  1.  No  manufactured  home  park  owner or operator shall deny any
  manufactured home tenant the right to sell his manufactured home  within
  the  manufactured  home park provided the manufactured home tenant shall
  give to the manufactured  home  park  owner  or  operator  twenty  days'
  written   notice  of  his  intention  to  sell,  provided  that  if  the
  manufactured home owner is deceased no such  notice  shall  be  required
  from  the  administrator  or  executor  of  the home owner's estate, and
  provided further that no manufactured home park owner or operator  shall
  restrict access to the manufactured home park to any potential purchaser
  or representatives of any seller unless the manufactured home park owner
  establishes  that  such restriction is necessary to protect the property
  of such park owner or operator from substantial harm or  impairment.  No
  manufactured  home park owner or operator shall require the manufactured
  home owner or subsequent purchaser to remove the manufactured home  from
  the  manufactured home park solely on the basis of the sale thereof. The
  manufactured home park owner  or  operator  may  reserve  the  right  to
  approve  the  purchaser of said manufactured home as a manufactured home
  tenant for the remainder of the seller's or deceased tenant's  term  but
  such  permission  may  not be unreasonably withheld. If the manufactured
  home park owner or operator unreasonably  withholds  his  permission  or
  unreasonably  restricts  access  to  the  manufactured  home  park,  the
  manufactured home tenant or the executor or administrator of a  deceased
  tenant's  estate may recover the costs of the proceedings and attorneys'
  fees if it is found that the manufactured home park  owner  or  operator
  acted in bad faith by withholding permission or restricting access.

    2.  The  manufactured  home  park  owner or operator shall not exact a
  commission or fee with respect to  the  price  realized  by  the  seller
  unless  the  manufactured home park owner or operator has acted as agent
  for the manufactured home owner  in  the  sale  pursuant  to  a  written
  contract.
    3. If the ownership or management rejects a purchaser as a prospective
  tenant,  the  selling  tenant must be informed in writing of the reasons
  therefor.
    j. The owner or operator of a  manufactured  home  park  may  enter  a
  manufactured home owner's manufactured home without the prior consent of
  the  occupant  only  in  case  of  emergency. The owner or operator of a
  manufactured  home  park  may  enter  a   manufactured   home   tenant's
  manufactured home during reasonable hours on reasonable notice.
    k.  The  owner  or  operator  shall  provide  reasonable  notice where
  practicable to all manufactured home tenants who would  be  affected  by
  any  planned  disruption  of  necessary  services  caused  by the owner,
  operator or his agent.
    l. The park owner shall designate an agent on the premises or in close
  proximity to the manufactured home park to insure  the  availability  of
  emergency  response  actions  in  matters  affecting the health, safety,
  well-being and welfare of manufactured home tenants  in  the  park.  The
  designated agent's name, address and telephone number shall be posted in
  a  conspicuous location in the park, given in writing to each tenant and
  registered with appropriate county law enforcement and health  officials
  and local fire officials.
    m.  Warranty  of habitability, maintenance, disruption of services. In
  every written or oral lease  or  rental  agreement  entered  into  by  a
  manufactured  home  tenant, the manufactured home park owner or operator
  shall be deemed to covenant and warrant that the premises so  leased  or
  rented  and  the  manufactured  home  if  rented  and  all areas used in
  connection therewith in common with other manufactured home  tenants  or
  residents  including all roads within the manufactured home park are fit
  for human habitation and for the uses reasonably intended by the parties
  and that the occupants of such premises and such manufactured  homes  if
  rented  shall  not  be  subjected  to  any  conditions  which  would  be
  dangerous, hazardous or detrimental to their  life,  health  or  safety.
  When  any  such  condition  has  been  caused  by  the misconduct of the
  manufactured home tenant or lessee or persons  under  his  direction  or
  control,  it  shall  not  constitute  a  breach  of  such  covenants and
  warranties. The rights and obligations of  the  manufactured  home  park
  owner  or operator and the manufactured home tenant shall be governed by
  the provisions of this subdivision and subdivisions  two  and  three  of
  section two hundred thirty-five-b of this article.
    n. 1. No manufactured home park owner or operator shall serve a notice
  to  quit  upon  any  manufactured  home tenant or commence any action to
  recover real property or summary proceeding  to  recover  possession  of
  real property in retaliation for:
    (a)  A  good  faith  complaint,  by  or  in behalf of the tenant, to a
  governmental  authority  of  the  manufactured  home  park  owner's   or
  operator's  alleged  violation  of any health or safety law, regulation,
  code, or ordinance, or any law or regulation which has as its  objective
  the regulation of premises used for dwelling purposes; or
    (b)  Actions  taken in good faith, by or in behalf of the manufactured
  home tenant, to secure or enforce any rights under the lease  or  rental
  agreement,  under subdivision m of this section and subdivisions two and
  three of section two hundred thirty-five-b of this article, or under any
  other local law, law of the state of New York, or  of  its  governmental

  subdivisions,  or  of  the  United States which has as its objective the
  regulation of premises used for dwelling purposes; or
    (c)  The manufactured home tenant's participation in the activities of
  a tenant's organization.
    2. No manufactured home park owner  or  operator  shall  substantially
  alter  the terms of the tenancy in retaliation for any actions set forth
  in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
  Substantial alteration shall include, but is not limited to, the refusal
  to  continue  a  tenancy  of  the  manufactured  home  tenant  or,  upon
  expiration of the manufactured home owner's lease, to renew the lease or
  offer  a  new  lease;  provided,  however, that a manufactured home park
  owner or operator shall not be required under this subdivision to  offer
  a  manufactured  home  owner  a  new lease or a lease renewal for a term
  greater than one year.
    3. This subdivision shall apply to all manufactured  home  parks  with
  four  or  more  manufactured homes. However, its provisions shall not be
  given effect in any case in which it is established that  the  condition
  from  which the complaint or action arose was caused by the manufactured
  home tenant, a member of the manufactured home tenant's household, or  a
  guest  of  the  manufactured  home  tenant. Nor shall it apply in a case
  where a tenancy was terminated pursuant to the terms of  a  lease  as  a
  result  of a bona fide transfer of ownership. The rights and obligations
  of the manufactured home park owner or  operator  and  the  manufactured
  home  tenant shall be governed by the provisions of this subdivision and
  subdivisions three, four and five of section two hundred  twenty-three-b
  of this article.
    o.  Whenever  a  lease  shall  provide  that  in any action or summary
  proceeding the manufactured home park  owner  or  operator  may  recover
  attorney's fees and/or expenses incurred as the result of the failure of
  the tenant to perform any covenant or agreement contained in such lease,
  or  that  amounts  paid  by the manufactured home park owner or operator
  therefor shall be paid by the tenant as additional rent, there shall  be
  implied  in such lease a covenant by the manufactured home park owner or
  operator, to pay to the tenant the  reasonable  attorney's  fees  and/or
  expenses  incurred  by  the  tenant to the same extent as is provided in
  section two hundred thirty-four of  this  article  which  section  shall
  apply in its entirety.
    p.  Any  manufactured  home  park  owner or operator who has agreed to
  provide hot or cold water, heat, light, power, or any other  service  or
  facility  to any occupant of the manufactured home park who willfully or
  intentionally without just cause fails  to  furnish  such  water,  heat,
  light,  power,  or other service or facility, or who interferes with the
  quiet enjoyment of the leased premises, is guilty of a violation.
    q. Upon receipt of rent, fees, charges or other  assessments,  in  the
  form  of  cash  or  any  instrument other than the personal check of the
  tenant, it shall be the duty of the  manufactured  home  park  owner  or
  operator  to  provide  the  payor  with a written receipt containing the
  following:
    1. the date;
    2. the amount;
    3. the identity of the premises and the period for which paid;
    4. the signature and title of the person receiving rent.
    r. Limitation on late charges. A late charge on any rental payment  by
  a  manufactured home owner which has become due and remains unpaid shall
  not exceed and shall be enforced to the extent of five percent  of  such
  delinquent  payment;  provided, however, that no charge shall be imposed
  on any rental payment by a manufactured home owner received  within  ten
  days  after  the due date. In the absence of a specific provision in the

  lease or the manufactured home park's rules  and  regulations,  no  late
  charge on any delinquent rental payment shall be assessed or collected.
    s.  It  shall  be  a  violation  for  a  manufactured home park owner,
  operator or his agent to restrict occupancy of a  manufactured  home  or
  manufactured  home park lot intended for residential purposes by express
  lease terms or otherwise, to a manufactured home tenant or tenants or to
  such tenants and immediate family. Any such restriction in  a  lease  or
  rental  agreement  entered into or renewed before or after the effective
  date of this  subdivision  shall  be  unenforceable  as  against  public
  policy.  The rights and obligations of a manufactured home park owner or
  operator and the manufactured home  tenant  shall  be  governed  by  the
  provisions  of this subdivision and subdivisions one, three, four, five,
  six, seven, eight and nine of section two hundred thirty-five-f of  this
  article.
    t.  1.  Unless  a greater right to assign is conferred by the lease, a
  manufactured home tenant may not assign his lease  without  the  written
  consent  of  the manufactured home park owner or operator, which consent
  may  be  unconditionally  withheld  without  cause  provided  that   the
  manufactured  home park owner or operator shall release the manufactured
  home tenant from the lease upon request of the mobile home  tenant  upon
  thirty  days  notice  if  the  manufactured  home park owner or operator
  unreasonably withholds consent which release shall be the sole remedy of
  the tenant. If the owner reasonably withholds consent, there shall be no
  assignment and the manufactured home tenant shall not be  released  from
  the lease.
    2. (a) A manufactured home tenant renting space or a manufactured home
  in  a  manufactured  home  park  with  four  or  more manufactured homes
  pursuant to an existing  lease  shall  have  a  right  to  sublease  his
  premises  subject to the written consent of the park owner in advance of
  the subletting. Such consent shall not be unreasonably withheld.
    (b) The manufactured home tenant shall inform  the  manufactured  home
  park  owner or operator of his intent to sublease by mailing a notice of
  such intent by certified mail, return receipt  requested.  Such  request
  shall  be  accompanied by the following information: (i) the term of the
  sublease, (ii) the name of the proposed sublessee,  (iii)  the  business
  and  permanent home address of the proposed sublessee, (iv) the tenant's
  reason for subletting, (v) the tenant's address  for  the  term  of  the
  sublease,  (vi) the written consent of any co-tenant or guarantor of the
  lease, and (vii) a copy of the proposed sublease, to which a copy of the
  manufactured  home  tenant's  lease  shall  be  attached  if  available,
  acknowledged  by  the manufactured home tenant and proposed subtenant as
  being a true copy of such sublease.
    (c)  Within  ten  days  after  the  mailing  of  such   request,   the
  manufactured  home  park owner or operator may ask the manufactured home
  tenant for additional information as will enable the  manufactured  home
  park  owner  or operator to determine if rejection of such request shall
  be unreasonable. Any such request for additional information  shall  not
  be  unduly  burdensome.  Within  thirty  days  after  the mailing of the
  request for consent, or of the additional information  reasonably  asked
  for by the manufactured home park owner or operator, whichever is later,
  the  manufactured home park owner or operator shall send a notice to the
  manufactured home tenant of his consent or, if he does not consent,  his
  reasons  therefor.  Manufactured home park owner's or operator's failure
  to send such a notice shall be deemed to be a consent  to  the  proposed
  subletting.  If  the  manufactured home park owner or operator consents,
  the premises may be sublet in  accordance  with  the  request,  but  the
  manufactured  home  tenant  thereunder, shall nevertheless remain liable
  for the performance of manufactured home tenant's obligations under said

  lease. If the  manufactured  home  park  owner  or  operator  reasonably
  withholds  consent,  there  shall  be no subletting and the manufactured
  home tenant shall not be released from the lease.  If  the  manufactured
  home   park  owner  or  operator  unreasonably  withholds  consent,  the
  manufactured home tenant may sublet in accordance with the  request  and
  may  recover  the  costs  of  the proceeding and attorneys fees if it is
  found that the manufactured home park owner or  operator  acted  in  bad
  faith  by  withholding  consent.  The  rights  and  obligations  of  the
  manufactured home park owner  or  operator  and  the  manufactured  home
  tenant  shall  be  governed  by  the  provisions of this subdivision and
  subdivisions three, five, six, seven and eight of  section  two  hundred
  twenty-six-b of this article.
    u.  In  the  event  of  a  breach by a manufactured home park owner or
  operator of any of the requirements of this  section,  the  manufactured
  home  tenant  may  commence an action for damages actually incurred as a
  result of such breach, or in an action or summary  proceeding  commenced
  by  such  manufactured home park owner or operator, may counterclaim for
  damages occasioned by such breach.
    v. On  and  after  April  first,  nineteen  hundred  eighty-nine,  the
  commissioner  of  housing and community renewal shall have the power and
  duty to enforce and  ensure  compliance  with  the  provisions  of  this
  section.  However,  the commissioner shall not have the power or duty to
  enforce manufactured home park rules and regulations  established  under
  subdivision  f  of  this  section.  On or before January first, nineteen
  hundred eighty-nine, each manufactured home park owner or operator shall
  file a registration statement with the commissioner and shall thereafter
  file an annual registration statement on or before January first of each
  succeeding year. The commissioner, by  regulation,  shall  provide  that
  such  registration statement shall include only the names of all persons
  owning an interest in the park, the names of all tenants  of  the  park,
  all services provided by the park owner to the tenants and a copy of all
  current  manufactured  home  park  rules and regulations. Whenever there
  shall be a violation of this section, an application may be made by  the
  commissioner  of housing and community renewal in the name of the people
  of the state of New York to a court or justice having jurisdiction by  a
  special  proceeding  to  issue  an  injunction,  and  upon notice to the
  defendant of not less  than  five  days,  to  enjoin  and  restrain  the
  continuance   of   such  violation;  and  if  it  shall  appear  to  the
  satisfaction of the court or justice that the defendant  has,  in  fact,
  violated  this  section,  an  injunction  may be issued by such court or
  justice, enjoining  and  restraining  any  further  violation  and  with
  respect  to  this  subdivision,  directing  the filing of a registration
  statement. In any such proceeding, the court may make allowances to  the
  commissioner of housing and community renewal of a sum not exceeding two
  thousand   dollars  against  each  defendant,  and  direct  restitution.
  Whenever the court shall determine that a violation of this section  has
  occurred,  the  court  may  impose  a civil penalty of not more than one
  thousand five hundred dollars for each violation. Such penalty shall  be
  deposited in the manufactured home cooperative fund, created pursuant to
  section  fifty-nine-h  of the private housing finance law. In connection
  with any such proposed application,  the  commissioner  of  housing  and
  community  renewal  is authorized to take proof and make a determination
  of the relevant facts and to issue  subpoenas  in  accordance  with  the
  civil  practice  law and rules. The provisions of this subdivision shall
  not impair the rights granted under subdivision u of this section.
    w. Real property tax payments. 1.  A  manufactured  home  park  owner,
  operator  or the agent of such owner or operator shall reduce the annual
  rent paid by a manufactured home tenant for use of the land  upon  which

  such  manufactured home sits in an amount equal to the total of the real
  property taxes actually paid by such manufactured home tenant  for  such
  manufactured   home   plus  the  amount  by  which  the  taxes  on  such
  manufactured  home were reduced as a result of the partial real property
  tax exemption granted  to  the  manufactured  home  tenant  pursuant  to
  article  four  of  the real property tax law, provided such manufactured
  home tenant:
    (a) owns a manufactured home which is separately assessed, subject  to
  the provisions of paragraph two of this subdivision;
    (b)  is  entitled to and actually receives a partial real property tax
  exemption pursuant to article four of the real property tax law; and
    (c) pays the real property taxes due on such home.
    2. In the  case  of  a  manufactured  home  which  is  not  separately
  assessed,  but which is entitled to and actually receives the school tax
  relief (STAR) exemption authorized by section four  hundred  twenty-five
  of the real property tax law, the tenant of such manufactured home shall
  be entitled to a rent reduction pursuant to this subdivision to the same
  extent  as  a tenant of a manufactured home which satisfies the criteria
  set forth in paragraph one of  this  subdivision.  Such  rent  reduction
  shall  be  equal  to  the amount by which the taxes on such manufactured
  home were reduced as a result of such exemption.
    3. A manufactured home park owner or operator providing a reduction in
  rent as required by paragraph one or two of this subdivision may retain,
  in consideration for record keeping expenses, two percent of the  amount
  of such reduction.
    3-a.  Any  reduction required to be provided pursuant to paragraph one
  or two of this subdivision shall be provided as follows:
    (a) a reduction in monthly rent (prorating  the  reduction  in  twelve
  parts) shall take effect upon the first monthly rental payment due sixty
  days  after the last date for the payment of real property taxes with no
  penalty or interest for lateness and  shall  be  extended  to  the  next
  eleven monthly payments thereafter; or
    (b) with the consent of the manufactured home park owner, operator, or
  agent  of  such  owner or operator, a reduction in rent may be offset in
  the entire amount of such reduction against  the  first  monthly  rental
  payment  due  sixty  days  after  the  last date for the payment of real
  property taxes with no penalty or interest for lateness, and the balance
  thereof, if any, may be offset against the monthly rental  payments  for
  succeeding months, until exhausted; or
    (c)  at the election of the manufactured home park owner, operator, or
  agent of such owner or operator, the total amount of such  reduction  in
  rent  may  be paid to the tenant no later than sixty days after the last
  date for the payment of real property taxes with no penalty or  interest
  for lateness.
    4. The failure of a manufactured home park owner or operator to comply
  with  the provisions of this subdivision shall be a violation punishable
  by a fine not to exceed five hundred dollars for each violation.
    x. 1. Rent  and  other  fees,  charges  and  assessments  may  not  be
  increased  by  a manufactured home park owner or operator more than once
  in any year.
    2.  Notwithstanding  the  provisions  of   paragraph   one   of   this
  subdivision,   if  a  fee,  charge,  or  assessment  in  effect  at  the
  commencement of a lease or tenancy is for goods or services provided  by
  a  party  unrelated  to and not controlled by the manufactured home park
  owner or operator, the manufactured home park  owner  or  operator  may,
  upon  the notice required in this section, provide for the pass-along to
  the manufactured home tenant of any increases in  such  fee,  charge  or
  assessment.

    3.  Any  agreement  modifying  any  of  the  rights  set forth in this
  subdivision shall be void as contrary to public policy.