Duties & Responsibilities

ASSESSORS MANUAL: Valuation Reference Manual, Part 1, Section 4

EMERGENCY CONTACT: The Manufactured Home Community Owner must designate an agent on-premise, or in close proximity, to the Community to respond to emergencies. The designated agent’s name, address and phone number must be posted conspicuously, given in writing to all tenants and given to county law enforcement, health and fire officials.

FEES AND RENT: The Community owner/operator must disclose in writing all fees, charges, assessments and rental fees prior to a tenant assuming occupancy in the Community. The fees, charges, assessments and rental fees may not be increased by the Community owner UNLESS all of the tenants have received notice thereof at least ninety (90) days prior to the implementation of such increase.

LANDLORDS RIGHT OF ENTRY: Manufactured Home Community owners/operators may enter into the home of a resident of the community without the prior consent of the homeowner only in the event of an emergency. At other times, the community owner/operator may enter into the home of the resident with prior consent, and upon reasonable notice. Community owners are advised to include this provision in  their leases or rules and regulations. See Section 233 of the Real Property Law which sets forth the obligations and rights of  Manufactured Home Community owners, operators and tenants.

LATE FEES: Late fees may not exceed 3% of the delinquent payment, and may not be imposed until at least 10 days after the due date. This amount is addressed in RPL 233.

LEASE OFFERINGS: Manufactured Home Community Owners/Operators must offer the manufactured home tenant the opportunity to sign a lease for a minimum term of one year. At least 90 days prior to the expiration date of any existing written lease, or if no lease is in effect, on or before October 1st of each calendar year, the community owner or operator must submit to each tenant in good standing a written offer of lease for a minimum of one year. NYS HCR requires a Lease Rider to be sent with all lease offerings every time a lease is offered.

LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS: NYS Property Maintenance Code Chapter 4

MANUFACTURED HOMES WARRANTIES: Section 723 of the NY General Business Law.

MHP REGISTRATION: Manufactured Home Community Owners/Operators must register their community with the NYS Department of Tax & Finance twice a year - June and December. More info can be found here.

MODULAR HOMES AND THE HOUSING MERCHANT - IMPLIED WARRANTY: Section 777-a of the NY General Business Law.

NO RETALIATION: Residents may not be evicted, or the terms of their tenancy altered, in retaliation for i) making a complaint about conditions at the community; ii) reporting alleged violations of health or safety laws at the community to government officials; or, iii) participation by the tenant in the activities of a tenant’s organization.

OCCUPANCY RESTRICTIONS: Occupancy may not be limited to the tenant and immediate family only. Subject to zoning and building codes, tenants must be permitted to have one or more occupants. Occupancy limits are prescribed by the Property Maintenance Code of NYS Chapter 4. 

PETS: NYS Penal Law Section 242.00.

PROPERTY TAXES: Volume 9: Opinions of Counsel SBRPS No. 29

PROVISION OF UTILITIES: It is a violation to intentionally cut off any utility service to a tenant’s home without just cause.

PURCHASE OF SERVICES: A Manufactured Home Community owner or operator shall not require, by contract, rule, regulation or otherwise, a manufactured home dweller to purchase from the Manufactured Home Community owner or any person acting directly or indirectly on behalf of the community owner, commodities or services incidental to placement or rental within such community; nor shall the community owner restrict access to the Manufactured Home Community to any person employed, retained or requested by the manufactured home dweller to provide such commodity or service, unless such requirement or restriction is necessary to protect the property of such community owner. A Manufactured Home Community owner may require that all persons performing work in the community have all required licenses and certifications, including certification of installers and mechanics under Article 21-B of the Executive Law.

RECEIPT FOR RENT REQUIRED: If rent is paid in cash or in any other way, except if by check, the Manufactured Home community owner/operator must provide a written receipt to the resident. See https://www.nysenate.gov/legislation/laws/RPP/235-E

RIGHT TO TERMINATE LEASE: Provisions of NYS Real Property Law provides senior citizens and victims of domestic violence with the right to terminate a lease in certain circumstances. See RPL Section 227-a.

RULES & REGULATIONS: A copy of the Rules and Regulations must be delivered to the tenant prior to his/her signing of the lease agreement. A copy of the Rules & Regulations should also be posted on the community bulletin board, in the office or other conspicuous place in the Community. All rules and regulations must apply uniformly to all tenants. The Community owner/operator may not, by such Rule or Regulation, require the tenant to purchase from the owner skirting or equipment for tying down the manufactured homes or ANY OTHER EQUIPMENT. The owner may however, determine the style and quality of the equipment provided that such equipment is readily available for purchase. No Rule or Regulation may be changed UNLESS all of the tenants are given notice thereof thirty (30) days prior to the implementation of such change.

SANITARY CODE, NYS PART 17: NYS Public Health Law, Section 225

SECURITY DEPOSITS: must be kept in a bank account in NYS, separate from other accounts of the Community owner. The Community owner must inform the tenant of the name and address of the bank account and the amount deposited. If the Community has 7 or more lots, security deposits must be deposited in an interest-bearing account. Interest incurred is the property of the tenant, but the Community owner may keep up to 1% as an administrative fee. Rent and fees may be increased only once every year, except for certain pass-through fees from third-party vendors. 

SERVICE MEMBER'S CIVIL RELIEF ACT: Highlights and Website

SWIMMING POOLS: NYS Uniform Fire Prevention and Building Code Parts 1219 to 1228 of Title 19 of the NY Code, Rules & Regulations.

US COURT OF APPEALS RULING REGARDING EXCLUSIVITY AGREEMENTS BETWEEN OWNERS OF MANUFACTURED HOME COMMUNITIES AND CABLE TELEVISION PROVIDERS: https://www.uscourts.gov/internet/opinions.nsf (quick search: 08-1016)

WARRANTY OF HABITABILITY: New York State law implies an obligation on every community owner/operator that the premises (including the roads) are fit for human habitation and for the uses reasonably intended by the parties, and that the residents of the community not be subjected to conditions that would be “dangerous, hazardous or detrimental to life, health or safety.” NYS RPL 235-b Warranty of Habitability

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