Mobile home lot rent rules in New York

New York has a strong dedicated statute for manufactured home parks — Real Property Law §233. It does not set a flat dollar cap on lot rent, but it limits increases to once a year, requires 90 days' notice, and ties any increase to the park having offered a written lease. The information below describes how the law generally works; anyone dealing with a specific increase should consider consulting a licensed attorney in New York.

What the statute says

On frequency, N.Y. Real Property Law §233(x)(1) provides that "rent and other fees, charges and assessments may not be increased by a manufactured home park owner or operator more than once in any year," and §233(x)(3) makes "any agreement modifying any of the rights set forth in this subdivision ... void as contrary to public policy."

On notice and on the lease precondition, §233(g)(3) provides that "no fees, charges, assessments or rental fees may be increased ... without specifying the date of implementation ... which date shall be no less than ninety days after written notice to all manufactured home tenants," and that "rent, utilities and charges for facilities and services available to the tenant may not be increased unless a lease has been offered to the tenant as required by subdivision e of this section." Section 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," with renewal offers due 90 days before a lease expires.

How it works in general

A New York park can raise lot rent, but only once in a year, only after at least 90 days' written notice, and only if it has offered the tenant the required one-year lease. There is no flat statewide dollar cap, but these limits — plus the rule that the right can't be waived — meaningfully constrain increases. A pass-through is allowed for increases in a fee for goods or services actually provided by an unrelated third party, on the same notice (§233(x)(2)).

Common scenarios

General examples New York park residents commonly encounter:

• A second increase arrives within a year. Only one increase per year is allowed (§233(x)(1)).
• An increase takes effect on short notice. It needs at least 90 days' written notice (§233(g)(3)).
• A park raises rent but never offered a lease. Rent can't be increased unless the one-year lease was offered (§§233(g)(3), 233(e)).

Other authorities that may apply

Real Property Law §233 governs the tenancy, and the rights in subdivision x cannot be waived. The written lease (with its required tenant-rights rider) supplies the rent terms. The New York Attorney General enforces §233, and New York State Homes and Community Renewal (HCR) oversees the manufactured-housing program. Federal law such as the Fair Housing Act can apply to how an increase is administered.