Manufactured Home Park Tenants & Owners Information
FROM GOVENOR ANDREW CUOMO & RUTHANNE VISNAUSKAS, HCR COMMISIONER/CEO
What is the Manufactured Homes Program?
Section 233 of the New York State Real Property Law governs tenants’ rights in manufactured home parks. DHCR has the authority to enforce RPL 233. The Manufactured Homes Program was created to allow tenants to inquire about their rights under RPL 233 or initiate complaints if they feel their rights are being violated. DHCR trained staff work with park owners and tenants to resolve disputes in compliance with the requirements of the statute.
Filing a Complaint
Tenants who live in manufactured home parks may initiate a complaint by contacting DHCR Manufactured
Homes Program or mailing to the address at the bottom of the page.
Who is a Manufactured Home Tenant?
A manufactured home tenant is a person who rents space in a manufactured home park from a manufactured home park owner or operator or the purpose of parking his or her manufactured home, or a person who rents a manufactured home in a park from a manufactured home park owner or operator.
What is a Manufactured Home Park?
A manufactured home park is defined as a contiguous parcel of privately-owned land, which is used for the accommodation of three or more manufactured homes occupied for year-round living.
Who is a Manufactured Home Park Owner?
A manufactured home park owner is a person(s) who owns land that accommodates three or more manufactured homes occupied for year-round living.
What is Warranty of Habitability?
Tenants are entitled to a livable, sanitary and safe park, including all common areas, roads, and lots. Lease provisions inconsistent with this right are illegal and unenforceable. Failure to provide water, other essential services, or to repair sewer problems are examples of a violation of this warranty. Park owners may not willfully or intentionally fail to provide any services or facility once they have agreed to do so.
Summary of the New York State Manufactured Home Park Tenants’ Rights Under Section 233 of Real Property Law
The right to be free from retaliation if you make a complaint or join a tenant association; The right to rent discount if you participate in STAR, or other real property tax exemption program;
The right to not be evicted except upon court proceedings;
The right to a copy of park rules and regulations and a written statement of all fees at the commencement of occupancy;
The right to have rules and regulations applied uniformly to all tenants;
The right to be free from unreasonable, arbitrary or capricious rules or regulations;
The right to a thirty-day written notice prior to any change of rules or regulations;
The right to a ten-day period to correct a violation of park rules or regulations;
The right to a ninety-day written notice prior to increases of fees, charges or assessments
The right not to have rent increased more than once a year;
The right to have your security deposit held in trust, in an interest-bearing account and to know the name and address of the bank, for parks consisting of six or more sites;
The right prior to occupancy, to sign a lease for at least a one-year term;
The right to annual lease renewal(s) to all tenants;
The right to post a ‘For Sale’ sign on any manufactured home;
The right to reasonable notice of any planned disruption of services;
The right to purchase a manufactured home from whomever you wish, as either a current or prospective tenant;
The right to have essential services furnished at all times, including water, electricity and heat;
The right to choose whomever you want as a service-person;
The right to refuse to purchase equipment from the park owner;
The right to be free from occupancy restrictions in park rules or leases;
The right to sell your manufactured home without the requirement that it be removed from the park;
The right not to pay a sales commission or fee to the park owner unless the park owner acted pursuant to a written agreement; and
The right to a livable, sanitary and safe park under Warranty of Habitability.
If you feel your rights have been violated, call the Manufactured Homes Program
Manufactured Homes Program: 1-800-432-4210