Bill Text: NY S05198 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires manufactured home park owners to provide a written justification for rent increases in excess of three percent of the current rent; provides that increases in costs to justify such rent increase for ordinary maintenance or repair to meet the warranty of habitability obligations must be shown to be necessary.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-01-31 - ADVANCED TO THIRD READING [S05198 Detail]

Download: New_York-2023-S05198-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5198

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023
                                       ___________

        Introduced  by  Sens.  SKOUFIS,  MANNION,  MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Housing,
          Construction and Community Development

        AN ACT to amend the real property law, in relation to increases of  rent
          in manufactured home parks

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 233-b of the real property law, as added by section
     2  12 of part O of chapter 36 of the laws of 2019, is amended by adding two
     3  new subdivisions 9 and 10 to read as follows:
     4    9. When a manufactured home park owner notifies the manufactured home-
     5  owners in the park of a rent or fee increase  and  the  increase  is  in
     6  excess  of  three  percent above the current rent, the manufactured home
     7  park owner shall provide a written justification for the  increase  that
     8  complies  with  this  section  and  make  available  to any resident, by
     9  request, documentation that show the costs and commencement of work that
    10  justify the rent increase pursuant to this section, as applicable.
    11    10. In order for an increase in costs to justify a rent increase above
    12  three percent pursuant to paragraph (a) or (c)  of  subdivision  two  of
    13  this  section  for  costs  incurred  for ordinary maintenance, including
    14  preventive maintenance, or repair of the roads, infrastructure, or other
    15  community property or services, the  community  owner  must  demonstrate
    16  that  the  work  performed  was  necessary to meet the community owner's
    17  warranty of habitability obligations under subdivision m of section  two
    18  hundred  thirty-three  of  this  article,  and demonstrate that the rent
    19  increase imposed was no more than was necessary to  cover the actual and
    20  reasonable cost of the work performed.
    21    § 2 Section 233-b of the real property law, as added by chapter 654 of
    22  the laws of 2019, is renumbered section 233-c.
    23    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01419-01-3