Mobile home park fees in New York

New York's Real Property Law §233 tightly controls park charges: it limits what can be charged at all, requires full disclosure, makes undisclosed fees uncollectible, and caps late charges. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in New York.

What the statute says

N.Y. Real Property Law §233(g)(1) provides that "no tenant shall be charged a fee for other than rent, utilities and charges for facilities and services available to the tenant. All fees, charges or assessments must be reasonably related to services actually rendered." Section 233(g)(2) requires the park to "fully disclose in writing all fees, charges, assessments ... prior to entering into a rental agreement," and §233(g)(3) provides that undisclosed fees can't be collected and that refusing to pay an undisclosed charge "shall not be used ... as a cause for eviction."

Late charges are capped by §233(r): a late charge "shall not exceed ... three percent of such delinquent payment," none may be imposed "on any rental payment ... received within ten days after the due date," a late charge requires "a specific provision in the lease or the manufactured home park's rules and regulations," and it "may not be compounded and shall not be considered additional rent." A security deposit is held as "a trust fund" under §233(g)(4).

How it works in general

A New York park can charge only rent, utilities, and charges for facilities and services that are actually available — every fee must be disclosed in writing before the rental agreement and must correspond to a real service. A fee that wasn't disclosed can't be collected, and refusing to pay it isn't grounds for eviction. Increases need 90 days' notice and can happen only once a year (see the New York lot rent guide). Late charges are limited to 3% of the late payment, can't be charged at all if rent arrives within 10 days, and must be set out in the lease or rules.

Common scenarios

General examples New York park residents commonly encounter:

• A fee appears that isn't for a real service. Fees must be "reasonably related to services actually rendered" (§233(g)(1)).
• A charge shows up that was never disclosed. It can't be collected, and refusing it isn't grounds for eviction (§233(g)(3)).
• A late fee is added the day after rent is due. None is allowed within 10 days, and it's capped at 3% (§233(r)).

Other authorities that may apply

Real Property Law §233 governs park fees, disclosure, and late charges; the deposit is a trust fund under §233(g)(4). The written lease supplies the disclosed charges. The New York Attorney General enforces §233, and federal law can apply in particular situations.