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Manufactured Homes Park Tenant and Owners Information

What is the Manufactured Homes Complaint 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 Complaint 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 the DHCR Manufactured Homes Complaint Program. Call the toll free hotline or, contact the DHCR Hampton Plaza office in Albany:

Albany
Manufactured Homes Program/38-40StateStreet/HamptonPlaza/Albany,NY12207
Toll Free Hotline 1 (800) 432-4210

Manufactured Home Park Registration

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 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.

Manufactured Home Park Registration

Owners of manufactured home parks containing three or more manufactured homes must register with DHCR by January 1st each year. The annual registration must include all persons owning interest in the park, names of all tenants, all services provided by the park owner to the tenants, and a copy of all current park rules and regulations.

What is the 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 Manufactured Home Park Tenants' Rights Under Section 233 of the Real Property Law

Section 233 of the Real Property Law

  • The right to be free from retaliation if you make a complaint or join a tenant association;
  • The right to a rent discount if you participate in the STAR (or any other) real property tax exemption program;
  • The right not to 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 and regulations;
  • The right to a thirty-day written notice prior to any change of rules or regulations;
  • The right to a ten-day period in order 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; not to have rent increased more than once in any year*effective January 2, 2009;
  • The right not to have rent increased more than once a year, effective January, 2009;
  • 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 in good standing;
  • 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 Home Hotline today!
Toll Free Hotline 1(800) 432-4210

Last updated on 5/7/2013