dliu1/legal-llama-raw-text huggingface dataset:
6.  Any owner or tenant, including a tenant of one or more rooms of an
apartment house, tenement house or multiple  dwelling  of  any  premises
within  two  hundred  feet of the demised real property, may commence an
action or proceeding in supreme court to enjoin the  continued  unlawful
trade, manufacture or other business in such premises.
§  231-a.  Sprinkler  system  notice  in  residential leases. 1. Every
residential lease shall provide conspicuous notice in bold face type  as
to  the  existence  or  non-existence  of  a  maintained  and  operative
sprinkler system in the leased premises.
2. For purposes of this section, sprinkler  system  shall  have  the
same  meaning  as  defined  in  section  one hundred fifty-five-a of the
executive law.
3. If there is a maintained and  operative  sprinkler  system  in  the
leased  premises,  the residential lease agreement shall provide further
notice as to the last date of maintenance and inspection.
§ 231-b. Flood history and risk notice in residential leases. 1. Every
residential  lease  shall  provide  notice  of the following information
related to the previous flood history and  current  flood  risk  of  the
leased premises, as follows:
(a)  whether  any  or  all of the leased premises is located wholly or
partially in a Federal Emergency Management Agency  (FEMA)  designated
floodplain;
(b)  whether  any  or  all of the leased premises is located wholly or
partially  in  the  Special  Flood  Hazard   Area   (SFHA;   100-year
floodplain)  according  to FEMA's current Flood Insurance Rate Maps for
the leased premises' area;
(c) whether any or all of the leased premises  is  located  wholly  or
partially  in  a Moderate Risk Flood Hazard Area (500-year floodplain)
according to FEMA's current Flood Insurance Rate  Maps  for  the  leased
premises' area; and
(d)  any  prior  flood  damage to the leased premises due to a natural
flood  event,  such  as  heavy  rainfall,  coastal  storm  surge,  tidal
inundation,  or  river  overflow,  that  the  lessor knows or reasonably
should know has occurred to such premises and the  nature  of  any  such
2.  Every residential lease shall also contain the following notice to
tenants: Flood insurance is available to renters  through  the  Federal
Emergency  Management Agency's (FEMA's) National Flood Insurance Program
(NFIP) to cover your personal property and contents in the  event  of  a
flood.  A  standard  renter's  insurance policy does not typically cover
flood damage. You are encouraged to examine  your  policy  to  determine
whether you are covered.
§  232.  Duration  of certain agreements in New York. An agreement for
the occupation of real estate in the city of New York, which  shall  not
particularly  specify the duration of the occupation, shall be deemed to
continue until the first  day  of  October  next  after  the  possession
commences under the agreement.
§  232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant  from  month
to  month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over the tenant's term unless
pursuant to the notice period required by subdivision two of section two
hundred twenty-six-c of this article, or for  a  tenancy  other  than  a
residential  tenancy  at  least thirty days before the expiration of the
term, the landlord or the landlord's agent serve upon the tenant, in the
same manner in which a notice of petition in summary proceedings is  now
allowed  to be served by law, a notice in writing to the effect that the
landlord elects to terminate the tenancy  and  that  unless  the  tenant
removes  from  such  premises  on  the day designated in the notice, the
landlord will commence summary proceedings under the statute  to  remove
such tenant therefrom.
§  232-b.  Notification  to  terminate monthly tenancy or tenancy from
month to month outside the city  of  New  York.  A  monthly  tenancy  or
tenancy from month to month of any lands or buildings located outside of
the  city  of  New York may be terminated by the tenant or for a tenancy
other than a residential tenancy the  landlord,  upon  the  tenant's  or
non-residential  landlord's  notifying  the  landlord or non-residential
tenant at least one month before the  expiration  of  the  term  of  the
tenant's  election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.
§  232-c.  Holding  over by a tenant after expiration of a term longer
than one month; effect of acceptance of rent. Where a tenant whose  term
is  longer  than one month holds over after the expiration of such term,
such holding over shall not give to the landlord the option to hold  the
tenant  for a new term solely by virtue of the tenant's holding over. In
the case of such a holding over by the tenant, the landlord may proceed,
in any manner permitted by  law,  to  remove  the  tenant,  or,  if  the
landlord  shall  accept rent for any period subsequent to the expiration
of such term, then, unless an agreement either  express  or  implied  is
made  providing otherwise, the tenancy created by the acceptance of such
rent shall be a tenancy from month to month commencing on the first  day
after the expiration of such term.
§  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
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.
6. The term rent-to-own contract shall mean any agreement between  a
manufactured  home park owner or operator and a manufactured home renter
which provides that after a specified  term  or  other  contingency  the
manufactured home renter will take ownership of the rented home.
7.  The  term rent-to-own payment shall mean any payment or payments
made by a manufactured home renter pursuant to  a  rent-to-own  contract
which  are  in  addition  to rental payments for the rented site and the
rented home.
b. A manufactured  home  park  owner  or  operator  may  not  evict  a
manufactured home tenant other than for the following reasons:
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  or tenants 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 two years from the service of notice of proposed change in use.
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.
(iii) (A) The manufactured home park owner or operator  shall  provide
the  manufactured home owner a stipend of up to fifteen thousand dollars
per manufactured home owner, pursuant to a court order.  A  warrant  for
eviction  cannot  be  executed  until  the  stipend has been paid to the
manufactured home owner being evicted.
(B) The court shall calculate the stipend based upon consideration  of
the following factors:
(1) The cost of relocation of the manufactured home;
(2)  The  number  of manufactured homes in the same park that would be
receiving a stipend;
(3) The amount the real property is being purchased for;
(4) The value of the real property the manufactured  home  is  located
on;
(5)  The  value  of  the  development rights attached to real property
parcel the manufactured home is located on; and
(6) Any other factors the court determines are relevant in each case.
(C)  In  the  event the manufactured home owner is not removed and the
eviction proceeding is terminated  the  manufactured  home  owner  shall
return  the stipend to the park owner. The weight to be afforded to each
of the various factors is within the discretion of the trial court.
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. All lease offers, including initial and renewal  leases,  shall
include  a  rider regarding tenant rights. Such rider shall be in a form
approved or promulgated by the commissioner  of  housing  and  community
renewal  and  which  shall  be  made available to manufactured home park
owners and operators.
2. (i) On or before, as appropriate, (a) the first day of  October  of
each  calendar year with respect to a manufactured home owner 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 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
(ii)  For  purposes  of  this  paragraph, the commencement date of any
lease offered by the manufactured home park owner  to  the  manufactured
homeowner  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.
4. If a manufactured home park owner or  operator  fails  to  offer  a
tenant  a  lease  as provided in this subdivision, the tenant shall have
all the rights of a leaseholder and may not be evicted  for  other  than
the  reasons  specified  in  paragraph  two, three, four, five or six of
subdivision (b) of this section.
5. All rent increases, including all fees, rents, charges, assessments
and utilities, shall be subject and  pursuant  to  section  two  hundred
thirty-three-b of this article.
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
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  entering  into  a  rental
agreement with a prospective tenant 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. Rent, utilities and charges for facilities
and services available to the tenant may not be increased unless a lease
has  been  offered  to  the  tenant as required by subdivision e of this
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