dliu1/legal-llama-raw-text huggingface dataset:
administrative and custodial expenses. The balances of the interest paid
by  the banking organization shall be the money of the person making the
deposit or advance and shall either be held in trust by the person  with
whom  such deposit or advance shall be made, until repaid or applied for
the use or rental of the leased premises, or annually paid to the person
making the deposit of security money.
(c) Whenever the money so deposited or advanced is for the rental of a
manufactured  home park lot on property on which are located six or more
manufactured home park lots, the  person  receiving  such  money  shall,
subject  to  the  provisions  of this section, deposit it in an interest
bearing account in a banking organization within the state which account
shall earn interest at a rate which shall be the prevailing rate  earned
by other such deposits made with the banking organizations in such area.
(d) In the event that a lease terminates other than at the time that a
banking  organization  in  such area regularly pays interest, the person
depositing such security money shall pay over to his  manufactured  home
tenant  such interest as he is able to collect at the date of such lease
termination.
(e) Any provision of such a contract or agreement whereby a person who
so deposits or advances money waives any provision of  this  subdivision
is void.
h. No manufactured home park owner shall:
1.  Require  a  manufactured home tenant therein to purchase from said
manufactured home park owner or operator skirting or equipment for tying
down  manufactured  homes,  or  any  other   equipment.   However,   the
manufactured  home  park  owner  or  operator  may  determine by rule or
regulation the style or quality of such equipment to be purchased by the
manufactured home tenant  from  the  vendor  of  the  manufactured  home
tenant's choosing, providing such equipment is readily available.
2.  Charge  any  manufactured  home  tenant  who chooses to install an
electric or gas appliance in his manufactured  home  an  additional  fee
solely  on  the  basis  of such installation unless such installation is
performed by the manufactured home park owner or operator at the request
of the manufactured home tenant, nor shall the  manufactured  home  park
owner  or  operator restrict the installation, service or maintenance of
any such appliance, restrict the ingress or egress of repairers to enter
the manufactured home park for the purpose of installation,  service  or
maintenance  of  any  such  appliance,  or  restrict  the  making of any
interior improvement in such manufactured  home,  so  long  as  such  an
installation  or  improvement  is in compliance with applicable building
codes and other provisions of law and  further  provided  that  adequate
utilities are available for such installation or improvement.
3. Require, by contract, rule, regulation or otherwise, a manufactured
home  dweller  to  purchase from the manufactured home park owner or any
person acting directly or  indirectly  on  behalf  of  the  park  owner,
commodities  or  services  incidental to placement or rental within such
park; nor shall the park owner restrict access to the manufactured  home
park  to  any person employed, retained or requested by the manufactured
home  dweller  to  provide  such  commodity  or  service,   unless   the
manufactured  home  park  owner  establishes  that  such  requirement or
restriction is necessary to protect the property of such park owner from
substantial harm or impairment.
4. Require a manufactured home owner  or  a  prospective  manufactured
home   owner   to  purchase  his  or  her  manufactured  home  from  the
manufactured home park owner or operator, or from any person or  persons
designated  by  the  manufactured  home  park owner or operator. Nothing
herein shall be construed to prevent a manufactured home park  owner  or
operator  from  requiring that any new manufactured home to be installed
in his  or  her  manufactured  home  park  comply  with  the  rules  and
regulations  of  said  manufactured home park or conform to the physical
facilities then existing for installation of a manufactured home in said
manufactured home park.
i. 1. No manufactured home park  owner  or  operator  shall  deny  any
manufactured  home tenant the right to sell his manufactured home within
the manufactured home park provided the manufactured home  tenant  shall
give  to  the  manufactured  home  park  owner  or operator twenty days'
written   notice  of  his  intention  to  sell,  provided  that  if  the
manufactured home owner is deceased no such  notice  shall  be  required
from  the  administrator  or  executor  of  the home owner's estate, and
provided further that no manufactured home park owner or operator  shall
restrict access to the manufactured home park to any potential purchaser
or representatives of any seller unless the manufactured home park owner
establishes  that  such restriction is necessary to protect the property
of such park owner or operator from substantial harm or  impairment.  No
manufactured  home park owner or operator shall require the manufactured
home owner or subsequent purchaser to remove the manufactured home  from
the  manufactured home park solely on the basis of the sale thereof. The
manufactured home park owner  or  operator  may  reserve  the  right  to
approve  the  purchaser of said manufactured home as a manufactured home
tenant for the remainder of the seller's or deceased tenant's  term  but
such  permission  may  not be unreasonably withheld. If the manufactured
home park owner or operator unreasonably  withholds  his  permission  or
unreasonably  restricts  access  to  the  manufactured  home  park,  the
manufactured home tenant or the executor or administrator of a  deceased
tenant's  estate may recover the costs of the proceedings and attorneys'
fees if it is found that the manufactured home park  owner  or  operator
acted in bad faith by withholding permission or restricting access.
2.  The  manufactured  home  park  owner or operator shall not exact a
commission or fee with respect to  the  price  realized  by  the  seller
unless  the  manufactured home park owner or operator has acted as agent
for the manufactured home owner  in  the  sale  pursuant  to  a  written
3. If the ownership or management rejects a purchaser as a prospective
tenant,  the  selling  tenant must be informed in writing of the reasons
therefor.
j. The owner or operator of a  manufactured  home  park  may  enter  a
manufactured home owner's manufactured home without the prior consent of
the  occupant  only  in  case  of  emergency. The owner or operator of a
manufactured  home  park  may  enter  a   manufactured   home   tenant's
manufactured home during reasonable hours on reasonable notice.
k.  The  owner  or  operator  shall  provide  reasonable  notice where
practicable to all manufactured home tenants who would  be  affected  by
any  planned  disruption  of  necessary  services  caused  by the owner,
operator or his agent.
l. The park owner shall designate an agent on the premises or in close
proximity to the manufactured home park to insure  the  availability  of
emergency  response  actions  in  matters  affecting the health, safety,
well-being and welfare of manufactured home tenants  in  the  park.  The
designated agent's name, address and telephone number shall be posted in
a  conspicuous location in the park, given in writing to each tenant and
registered with appropriate county law enforcement and health  officials
and local fire officials.
m.  Warranty  of habitability, maintenance, disruption of services. In
every written or oral lease  or  rental  agreement  entered  into  by  a
manufactured  home  tenant, the manufactured home park owner or operator
shall be deemed to covenant and warrant that the premises so  leased  or
rented  and  the manufactured home if rented, including rental through a
rent-to-own contract, and all areas  used  in  connection  therewith  in
common  with  other manufactured home tenants or residents including all
roads within the manufactured home park are fit for human habitation and
for the uses reasonably intended by the parties and that  the  occupants
of  such  premises  and  such  manufactured homes if rented shall not be
subjected to any conditions  which  would  be  dangerous,  hazardous  or
detrimental to their life, health or safety. When any such condition has
been  caused by the misconduct of the manufactured home tenant or lessee
or persons under his direction or control, it  shall  not  constitute  a
breach  of  such covenants and warranties. The rights and obligations of
the manufactured home park owner or operator and the  manufactured  home
tenant  shall  be  governed  by  the  provisions of this subdivision and
subdivisions two and three of section two hundred thirty-five-b of  this
n. 1. No manufactured home park owner or operator shall serve a notice
to  quit  upon  any  manufactured  home tenant or commence any action to
recover real property or summary proceeding  to  recover  possession  of
real property in retaliation for:
(a)  A  good  faith  complaint,  by  or  in behalf of the tenant, to a
governmental  authority  of  the  manufactured  home  park  owner's   or
operator's  alleged  violation  of any health or safety law, regulation,
code, or ordinance, or any law or regulation which has as its  objective
the regulation of premises used for dwelling purposes; or
(b)  Actions  taken in good faith, by or in behalf of the manufactured
home tenant, to secure or enforce any rights under the lease  or  rental
agreement,  under subdivision m of this section and subdivisions two and
three of section two hundred thirty-five-b of this article, or under any
other local law, law of the state of New York, or  of  its  governmental
subdivisions,  or  of  the  United States which has as its objective the
regulation of premises used for dwelling purposes; or
(c) The manufactured home tenant's participation in the activities  of
a tenant's organization.
2.  No  manufactured  home  park owner or operator shall substantially
alter the terms of the tenancy in retaliation for any actions set  forth
in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
Substantial alteration shall include, but is not limited to, the refusal
to  continue  a  tenancy  of  the  manufactured  home  tenant  or,  upon
expiration of the manufactured home owner's lease, to renew the lease or
offer a new lease; provided, however,  that  a  manufactured  home  park
owner  or operator shall not be required under this subdivision to offer
a manufactured home owner a new lease or a  lease  renewal  for  a  term
greater than one year.
3.  This  subdivision  shall apply to all manufactured home parks with
four or more manufactured homes. However, its provisions  shall  not  be
given  effect  in any case in which it is established that the condition
from which the complaint or action arose was caused by the  manufactured
home  tenant, a member of the manufactured home tenant's household, or a
guest of the manufactured home tenant. Nor shall  it  apply  in  a  case
where  a  tenancy  was  terminated pursuant to the terms of a lease as a
result of a bona fide transfer of ownership. The rights and  obligations
of  the  manufactured  home  park owner or operator and the manufactured
home tenant shall be governed by the provisions of this subdivision  and
subdivisions  three, four and five of section two hundred twenty-three-b
o. Whenever a lease shall  provide  that  in  any  action  or  summary
proceeding  the  manufactured  home  park  owner or operator may recover
attorney's fees andor expenses awarded  by  a  court,  there  shall  be
implied  in such lease a covenant by the manufactured home park owner or
operator, to pay to the tenant the  reasonable  attorney's  fees  andor
expenses  incurred  by  the  tenant to the same extent as is provided in
section two hundred thirty-four of  this  article  which  section  shall
apply  in  its  entirety. A manufactured home park owner or operator may
not demand that a tenant pays attorneys' fees unless such fees have been
awarded pursuant to a court order.
p.  Any  manufactured  home  park  owner or operator who has agreed to
provide hot or cold water, heat, light, power, or any other  service  or
facility  to any occupant of the manufactured home park who willfully or
intentionally without just cause fails  to  furnish  such  water,  heat,
light,  power,  or other service or facility, or who interferes with the
quiet enjoyment of the leased premises, is guilty of a violation.
q. Upon receipt of rent, fees, charges or other  assessments,  in  the
form  of  cash  or  any  instrument other than the personal check of the
tenant, it shall be the duty of the  manufactured  home  park  owner  or
operator  to  provide  the  payor  with a written receipt containing the
1. the date;
2. the amount;
3. the identity of the premises and the period for which paid;
4. the signature and title of the person receiving rent.
r. Limitation on late charges. A late charge on any rental payment  by
a  manufactured home owner which has become due and remains unpaid shall
not exceed and shall be enforced to the extent of three percent of  such
delinquent  payment;  provided, however, that no charge shall be imposed
on any rental payment by a manufactured home owner received  within  ten
days  after  the due date. In the absence of a specific provision in the
lease or the manufactured home park's rules  and  regulations,  no  late
charge  on any delinquent rental payment shall be assessed or collected.
Late  charges  may  not  be  compounded  and  shall  not  be  considered
additional rent.
s.  It  shall  be  a  violation  for  a  manufactured home park owner,
operator or his agent to restrict occupancy of a  manufactured  home  or
manufactured  home park lot intended for residential purposes by express
lease terms or otherwise, to a manufactured home tenant or tenants or to
such tenants and immediate family. Any such restriction in  a  lease  or
rental  agreement  entered into or renewed before or after the effective
date of this  subdivision  shall  be  unenforceable  as  against  public
policy.  The rights and obligations of a manufactured home park owner or
operator and the manufactured home  tenant  shall  be  governed  by  the
provisions  of this subdivision and subdivisions one, three, four, five,
six, seven, eight and nine of section two hundred thirty-five-f of  this
t.  1.  Unless  a greater right to assign is conferred by the lease, a
manufactured home tenant may not assign his lease  without  the  written
consent  of  the manufactured home park owner or operator, which consent
may  be  unconditionally  withheld  without  cause  provided  that   the
manufactured  home park owner or operator shall release the manufactured
home tenant from the lease upon request of the mobile home  tenant  upon
thirty  days  notice  if  the  manufactured  home park owner or operator
unreasonably withholds consent which release shall be the sole remedy of
the tenant. If the owner reasonably withholds consent, there shall be no
assignment and the manufactured home tenant shall not be  released  from
the lease.
2. (a) A manufactured home tenant renting space or a manufactured home
in  a  manufactured  home  park  with  four  or  more manufactured homes
pursuant to an existing  lease  shall  have  a  right  to  sublease  his
premises  subject to the written consent of the park owner in advance of
the subletting. Such consent shall not be unreasonably withheld.
(b) The manufactured home tenant shall inform  the  manufactured  home
park  owner or operator of his intent to sublease by mailing a notice of
such intent by certified mail, return receipt  requested.  Such  request
shall  be  accompanied by the following information: (i) the term of the
sublease, (ii) the name of the proposed sublessee,  (iii)  the  business
and  permanent home address of the proposed sublessee, (iv) the tenant's
reason for subletting, (v) the tenant's address  for  the  term  of  the
sublease,  (vi) the written consent of any co-tenant or guarantor of the
lease, and (vii) a copy of the proposed sublease, to which a copy of the
manufactured  home  tenant's  lease  shall  be  attached  if  available,
acknowledged  by  the manufactured home tenant and proposed subtenant as
being a true copy of such sublease.
(c)  Within  ten  days  after  the  mailing  of  such   request,   the
manufactured  home  park owner or operator may ask the manufactured home
tenant for additional information as will enable the  manufactured  home
park  owner  or operator to determine if rejection of such request shall
be unreasonable. Any such request for additional information  shall  not
be  unduly  burdensome.  Within  thirty  days  after  the mailing of the
request for consent, or of the additional information  reasonably  asked
for by the manufactured home park owner or operator, whichever is later,
the  manufactured home park owner or operator shall send a notice to the
manufactured home tenant of his consent or, if he does not consent,  his
reasons  therefore.  Manufactured home park owner's or operator's failure
to send such a notice shall be deemed to be a consent  to  the  proposed
subletting.  If  the  manufactured home park owner or operator consents,
the premises may be sublet in  accordance  with  the  request,  but  the
manufactured  home  tenant  thereunder, shall nevertheless remain liable
for the performance of manufactured home tenant's obligations under said
lease. If the  manufactured  home  park  owner  or  operator  reasonably
withholds  consent,  there  shall  be no subletting and the manufactured
home tenant shall not be released from the lease.  If  the  manufactured
home   park  owner  or  operator  unreasonably  withholds  consent,  the
manufactured home tenant may sublet in accordance with the  request  and
may  recover  the  costs  of  the proceeding and attorneys fees if it is
found that the manufactured home park owner or  operator  acted  in  bad
faith  by  withholding  consent.  The  rights  and  obligations  of  the
manufactured home park owner  or  operator  and  the  manufactured  home
subdivisions three, five, six, seven and eight of  section  two  hundred
twenty-six-b of this article.
u.  In  the  event  of  a  breach by a manufactured home park owner or
operator of any of the requirements of this  section,  the  manufactured
home  tenant  may  commence an action for damages actually incurred as a
result of such breach, or in an action or summary  proceeding  commenced
by  such  manufactured home park owner or operator, may counterclaim for
damages occasioned by such breach.
v. 1. On and after April  first,  nineteen  hundred  eighty-nine,  the
commissioner  of  housing and community renewal shall have the power and
duty to enforce and  ensure  compliance  with  the  provisions  of  this
section.  However,  the commissioner shall not have the power or duty to
enforce manufactured home park rules and regulations  established  under
subdivision of this section.
2.  On  or  before  January  first, nineteen hundred eighty-nine, each
manufactured home park owner  or  operator  shall  file  a  registration
statement  with  the  commissioner  and  shall thereafter file an annual
registration statement on or before January  first  of  each  succeeding
year.   The   commissioner,  by  regulation,  shall  provide  that  such
registration statement shall include  only  the  names  of  all  persons
owning  an  interest  in the park, the names of all tenants of the park,
all services provided by the park owner to the tenants and a copy of all
current manufactured home park rules and regulations. The  reporting  of
such information to the commissioner of taxation and finance pursuant to
subparagraph  (B)  of  paragraph  six of subsection (eee) of section six
hundred  six  of the tax law shall be deemed to satisfy the requirements
of this  paragraph.  That  the  commissioner  may  not  be  the  primary
recipient  of  such  registration  statement  shall  not be construed to
limit, alter or diminish the ability or responsibility of  the  division
of  housing  and  community  renewal  in  regards to enforcement of this
section or any other  applicable  laws.  The  commissioner  may  request
additional  or  corrected  information  to be filed by each manufactured
home park owner or operator as he or she deems necessary  to  carry  out
proper oversight of such manufactured home parks. The commissioner shall
annually  make  publicly  available  on its website a report of the data
collected pursuant to this subdivision or subparagraph (B) of  paragraph
six  of  subsection (eee) of section six hundred six of the tax law, not
including any personally identifiable information.
3. Whenever there shall be a violation of this section, an application
may be made by the commissioner of housing and community renewal in  the
name of the people of the state of New York to a court or justice having
jurisdiction  by  a  special proceeding to issue an injunction, and upon
notice to the defendant of not  less  than  five  days,  to  enjoin  and
restrain  the  continuance  of such violation; and if it shall appear to
the satisfaction of the court or justice  that  the  defendant  has,  in
fact,  violated  this section, an injunction may be issued by such court
or justice, enjoining and restraining any  further  violation  and  with
respect  to  this  subdivision,  directing  the filing of a registration
statement. In any such proceeding, the court may make allowances to  the
commissioner of housing and community renewal of a sum not exceeding two
thousand   dollars  against  each  defendant,  and  direct  restitution.
Whenever the court shall determine that a violation of this section  has
occurred,  the  court  may  impose  a civil penalty of not more than one
thousand five hundred dollars for each violation. Such penalty shall  be
deposited in the manufactured home cooperative fund, created pursuant to
section  fifty-nine-h  of the private housing finance law. In connection
with any such proposed application,  the  commissioner  of  housing  and
community  renewal  is authorized to take proof and make a determination
of the relevant facts and to issue  subpoenas  in  accordance  with  the
civil  practice  law and rules. The provisions of this subdivision shall
not impair the rights granted under subdivision u of this section.
w. Real property tax payments. 1.  A  manufactured  home  park  owner,
operator  or the agent of such owner or operator shall reduce the annual
rent paid by a manufactured home tenant for use of the land  upon  which
such  manufactured home sits in an amount equal to the total of the real
property taxes actually paid by such manufactured home tenant  for  such
manufactured   home   plus  the  amount  by  which  the  taxes  on  such
manufactured home were reduced as a result of the partial real  property
tax  exemption  granted  to  the  manufactured  home  tenant pursuant to
article four of the real property tax law,  provided  such  manufactured
home tenant:
(a)  owns a manufactured home which is separately assessed, subject to
the provisions of paragraph two of this subdivision;
(b) is entitled to and actually receives a partial real  property  tax
exemption pursuant to article four of the real property tax law; and
(c) pays the real property taxes due on such home.
3. A manufactured home park owner or operator providing a reduction in
rent  as  required  by  paragraph one of this subdivision may retain, in
consideration for record keeping expenses, two percent of the amount  of
such reduction.
3-a.  Any  reduction required to be provided pursuant to paragraph one
of this subdivision shall be provided as follows:
(a)  a  reduction  in  monthly rent (prorating the reduction in twelve
parts) shall take effect upon the first monthly rental payment due sixty
days after the last date for the payment of real property taxes with  no
penalty  or  interest  for  lateness  and  shall be extended to the next
eleven monthly payments thereafter; or
(b) with the consent of the manufactured home park owner, operator, or
agent of such owner or operator, a reduction in rent may  be  offset  in