Bill Text: NY A06755 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 8-5)

Status: (Engrossed - Dead) 2022-05-31 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A06755 Detail]

Download: New_York-2021-A06755-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6755--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced  by  M.  of  A.  BARRETT,  THIELE,  KELLES,  NORRIS, WOERNER,
          J. D. RIVERA, WALLACE, BRABENEC, SMITH, J. A. GIGLIO -- read once  and
          referred  to  the Committee on Housing -- recommitted to the Committee
          on Housing in accordance with Assembly Rule 3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        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, including official  accounting  documents,  that
    10  show  the  costs  and  completion of work that justify the rent increase
    11  pursuant to this section.
    12    10. In order for an increase in costs to justify a rent increase above
    13  three percent pursuant to paragraphs (a), (b), and  (c)  of  subdivision
    14  two of this section for costs incurred for ordinary maintenance, includ-
    15  ing  preventive  maintenance, or repair of the roads, infrastructure, or
    16  other community property or services, the community  owner  must  demon-
    17  strate  that  the  work  performed  was  necessary to meet the community
    18  owner's warranty of habitability  obligations  under  subdivision  m  of
    19  section  two  hundred thirty-three of this article, and demonstrate that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10118-04-2
        A. 6755--B                          2

     1  the rent increase imposed was no more than was necessary to   cover  the
     2  actual and reasonable cost of the work performed.
     3    § 2 Section 233-b of the real property law, as added by chapter 654 of
     4  the laws of 2019, is renumbered section 233-c.
     5    § 3. This act shall take effect immediately.