Mobile home eviction rules in New York

New York's Real Property Law §233 limits eviction from a manufactured home park to listed grounds, with graduated notice, strong change-of-use protections, and a ban on retaliation. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in New York.

What the statute says

N.Y. Real Property Law §233(b) provides that "a manufactured home park owner or operator may not evict a manufactured home tenant other than for the following reasons": rent default, after "a demand of the rent with at least thirty days notice in writing" (§233(b)(2)); use of the premises for illegal purposes (§233(b)(3)); a violation of "some federal, state or local law or ordinance which may be deemed detrimental to the safety and welfare of ... other persons" (§233(b)(4)); a lease or rule violation that continues "more than ten days after" a written cure notice, after which the park may serve a notice to "vacate the premises within thirty days" (§233(b)(5)); and a "change in the use of the land" (§233(b)(6)).

For a change of use, "eviction proceedings ... shall not be commenced prior to two years from the service of notice," and the park must "provide the manufactured home owner a stipend of up to fifteen thousand dollars per manufactured home owner, pursuant to a court order," before a warrant may be executed (§233(b)(6)(iii)(A)). Retaliation is barred by §233(n). The general eviction warrant process gives additional notice before a tenant is actually removed.

How it works in general

A New York park must have a §233(b) ground to evict. Nonpayment requires a 30-day written rent demand (and accepting the late rent ends the case). A lease or rule violation requires a 10-day notice to cure and then a 30-day notice to vacate. A change of use — closing or converting the park — requires two years' notice and a court-ordered stipend of up to $15,000 per home owner before anyone can be removed. None of this can be used to retaliate against a resident for complaining, enforcing rights, or organizing.

Common scenarios

General examples New York park residents commonly encounter:

• A nonpayment case is filed. It requires a 30-day written demand, and paying the rent due ends the action (§233(b)(2)).
• A resident is cited for a rule violation. The park must give a 10-day cure notice, then a 30-day notice to vacate (§233(b)(5)).
• The park announces a closure or change of use. Residents get two years' notice and a stipend of up to $15,000 each (§233(b)(6)).

Other authorities that may apply

Real Property Law §233 sets the grounds, notice, and anti-retaliation rule; the eviction is carried out through the summary-proceedings provisions of the Real Property Actions and Proceedings Law (RPAPL). The New York Attorney General enforces §233. Federal protections — the Fair Housing Act and the Servicemembers Civil Relief Act — can also apply.