2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 233-B - Manufactured Home Parks; Rent Increases.

* §  233-b. Manufactured home parks; rent increases. 1. The provisions
of this section shall apply to  all  manufactured  homes  located  in  a
manufactured home park as defined in section two hundred thirty-three of
this  article,  however  manufactured homes located in manufactured home
parks that are subject to a regulatory  agreement  with  a  governmental
entity  to  preserve  affordable  housing  or that otherwise limits rent
increases are exempt from the provisions of this section.
2. Increases in rent shall not exceed a three percent  increase  above
the  rent since the current rent became effective. In this section, rent
shall mean all costs, including all rent,  fees,  charges,  assessments,
and utilities. Notwithstanding the above, a manufactured home park owner
is  permitted  to increase the rent in excess of three percent above the
rent since the current rent became effective, due to:
(a)  Increases  in  the  manufactured  home  park  owner's   operating
expenses.
(b)  Increases in the manufactured home park owner's property taxes on
such park.
(c)  Increases  in  costs  which  are  directly  related  to   capital
improvements in the park.
3.  An  increase above three percent may be challenged by an aggrieved
manufactured homeowner as unjustified. Multiple  aggrieved  manufactured
homeowners  may join in the same action where there is a common question
of law and fact.
4.  Within  ninety  days  of  the  proposed  increase,  an   aggrieved
manufactured  homeowner  may challenge such increase by filing an action
in the court of appropriate subject matter jurisdiction where  the  real
property  is  located  seeking  a  declaratory  judgment  that  the rent
increase is unjustifiable.
5. In any proceeding under this section there shall be an irrebuttable
presumption that a rent increase is justifiable when the amount of  such
increase  does not exceed the tenant's pro-rata share in operating costs
and  property  taxes  for  the  manufactured  home  park  in  which  the
manufactured home owner resides.
6.  (a)  In  determining  whether  a rent increase is permissible, the
court shall consider the provisions of paragraphs (a), (b)  and  (c)  of
subdivision  two  of  this  section.  Notwithstanding  the  above,  rent
increases shall not exceed six percent above the rent since the  current
rent  became effective, except upon the approval of a temporary hardship
application by  the  court.  In  addition  to  the  provisions  of  this
paragraph and paragraphs (b) and (c) of this subdivision the court shall
take  into  account  the  following  factors when determining whether to
grant a temporary hardship application:
(i) The amount of increase being sought by the park owners;
(ii) The ability of the manufactured home owner to pay  such  increase
including whether the increase would have an unreasonable adverse impact
on the manufactured home owner;
(iii)  The  amount  of time and notice the manufactured home owner may
need in order to pay a temporary rent increase;
(iv) The duration the  park  owners  intend  for  the  temporary  rent
increase to last;
(v)  The cause of the hardship the rent increase is being requested to
alleviate, including whether the hardship was due  to  owner  negligence
and malfeasance;
(vi)  The  ability of the park owners to utilize other means besides a
rent increase to alleviate said hardship;
(vii) The likelihood that the property the manufactured home  park  is
located  on  will go into foreclosure if a temporary rent increase above
six percent is not granted;
(viii) Any other factor that will jeopardize the ability of  the  park
to legally operate.
(b)  A  court  order  approving a temporary hardship application shall
state for each manufactured home owner:
(i) The amount of the rent increase;
(ii) The date the rent increase is to take effect;
(iii) The date the increase is to end;
(iv) The amount the rent will return to; and
(v) The court's findings as to the factors necessitating  a  temporary
increase.
(c) Upon a finding by the court that the manufactured home park should
be  granted  a hardship exemption, the amount of any rent increase shall
be the minimum amount to alleviate the hardship.  An  order  granting  a
temporary  rent  increase shall not exceed six months. The order must be
served on the manufactured home  owners  and  all  known  legal  tenants
pursuant to the rules of civil procedure within thirty days of the court
order, the cost of which shall be on the manufactured home park owner.
7.  The court may condition its approval of any rent increase upon the
redress of conditions in the manufactured home park which  threaten  the
health and safety of the manufactured home tenant.
8.  While  a  challenge to a rent increase pursuant to this section is
pending, manufactured home park tenants shall pay the amount of the rent
increase to the manufactured home park owner who shall hold such amounts
in escrow pending a mediated agreement between the parties  or  a  final
decision  from  the courts, provided, however, that no manufactured home
park tenant shall be evicted for non-payment of the rent increase  prior
to  the final disposition of the matter by the court in the county where
the manufactured home park is located. Failure by the manufactured  home
park  owner  to  place  such challenged rent increase in escrow shall be
punishable by a civil penalty of not more than five hundred dollars.  If
the  petitioners appeal, the manufactured home park owner may remove the
rent increase funds from escrow, mingle such funds with any other funds,
and commence  a  nonpayment  proceeding  in  the  court  of  appropriate
jurisdiction  against a tenant who has not paid the increase of rent. If
the court enters a final judgment declaring the rent  increases  or  any
part thereof unjustifiable and impermissible, the manufactured home park
owner  shall  refund  the  amount  of the impermissible increase to each
tenant household.
* NB There are 2 § 233-b's