2019 New York Laws
RPA - Real Property Actions and Proceedings
Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes
792 - Grounds for the Proceeding.

§  792.  Grounds for the proceeding. A manufactured home park owner or
operator  of  such  manufactured  home  park  may  commence  a   special
proceeding to obtain an order of the court granting a declaration that a
manufactured home has been abandoned upon proof that:
  1. The manufactured home has been vacant for a period of not less than
one  hundred  eighty  days  without notice to the manufactured home park
owner or operator, provided however, that such period  shall  be  ninety
days  in  the  event  that  a  warrant  of eviction with respect to such
manufactured home has been issued;
  2. The manufactured home resident has defaulted in the payment of rent
for such period;
  3. The manufactured home community owner or operator has notified  all
known  holders  of  liens  against  such  home.  Prior  to  commencing a
proceeding pursuant to this article,  the  manufactured  home  community
owner or operator shall cause a search to be done of:

(a) for homes constructed (i) on or after July first, nineteen hundred ninety-four and designated by the manufacturer as a nineteen hundred ninety-five or later model year, or (ii) on or after January first, nineteen hundred ninety-four, for which the manufacturer did not designate a model year, the title records of the department of motor vehicles, or

(b) for all other homes, filings made under the Uniform Commercial Code, to determine whether there are any lien-holders with an existing interest in the manufactured home; and 4. At least two of the following factors apply:

(a) the manufactured home resident has removed substantially all of the personal property from the home;

(b) utility service to the home has been terminated or disconnected by the utility provider, or the manufactured home resident for at least sixty days;

(c) the home is in a state of substantial disrepair that makes the home uninhabitable; or

(d) other objective evidence of abandonment that the court finds reliable.

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