Buying a mobile home in New York

New York's Real Property Law §233 gives a buyer a guaranteed one-year lease with a tenant-rights rider, full fee disclosure, a fair buyer-approval process, and a protected deposit. The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in New York.

What the statute says

N.Y. Real Property Law §233(e)(1) requires the park to "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," and provides that all lease offers "shall include a rider regarding tenant rights" in a form approved or promulgated by the Commissioner of Homes and Community Renewal.

Section 233(g)(2) requires the park to "fully disclose in writing all fees, charges, assessments, including rental fees, rules and regulations prior to entering into a rental agreement," with undisclosed fees uncollectible (§233(g)(3)). For a buyer who will keep the home in the park, §233(i)(1) lets the park approve the buyer as a tenant but provides that "such permission may not be unreasonably withheld," and §233(g)(4) makes any deposit "a trust fund" that remains the resident's money.

How it works in general

A New York buyer who keeps a home in the park is entitled to a written one-year lease with a tenant-rights rider, and to full written disclosure of all fees before signing — anything undisclosed can't be charged. The buyer applies to be approved as a tenant, and the park can't unreasonably refuse. Any deposit is held as a trust fund. Because the home isn't DMV-titled, the buyer takes ownership by bill of sale (see the New York title and taxes guide). Reviewing the lease and its rider, the rules, the fee disclosures, and the assessment are the key steps before closing.

Common scenarios

General examples New York buyers commonly encounter:

• A buyer is offered only a short or oral arrangement. The park must offer a one-year lease with a tenant-rights rider (§233(e)).
• A buyer is hit with a fee that was never disclosed. Undisclosed fees can't be collected (§233(g)(3)).
• A park is slow to approve or refuses the buyer. Approval can't be unreasonably withheld (§233(i)(1)).

Other authorities that may apply

Real Property Law §233 governs the lease, disclosure, buyer approval, and the deposit; the home's construction follows the federal HUD code. Ownership transfers by bill of sale, and the home is taxed as real property (see the New York title and taxes guide). New York State Homes and Community Renewal (HCR) oversees the manufactured-housing program, and federal lending rules and the Fair Housing Act can apply.