Mobile home utilities in New York

New York's Real Property Law §233 protects park residents on utilities by making a willful cutoff of agreed services a violation, limiting charges to services actually rendered, and allowing only limited pass-through of third-party utility increases. 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(p) provides that a park "who has agreed to provide hot or cold water, heat, light, power, or any other service or facility ... who willfully or intentionally without just cause fails to furnish such water, heat, light, power, or other service or facility ... is guilty of a violation."

On charges, §233(g)(1) limits a tenant to being charged only for "rent, utilities and charges for facilities and services available to the tenant," and requires that "all fees, charges or assessments must be reasonably related to services actually rendered." On increases, §233(x)(1) bars more than one increase per year, while §233(x)(2) allows a pass-through, on the required notice, of an increase in a fee "for goods or services provided by a party unrelated to and not controlled by the ... owner or operator."

How it works in general

A New York park that has agreed to supply water, heat, light, or power can't willfully cut it off without just cause — doing so is a violation. Any utility or service charge has to correspond to a service actually provided. The park generally can't raise charges more than once a year, though it may pass along an increase from a genuinely independent third-party provider, with the required notice. Regulated utilities and their rates are overseen by the New York Public Service Commission, and the lease sets how utilities are billed.

Common scenarios

General examples New York park residents commonly encounter:

• A park cuts off water or power it agreed to provide. A willful cutoff without just cause is a violation (§233(p)).
• A charge doesn't match any real service. Charges must be "reasonably related to services actually rendered" (§233(g)(1)).
• A park passes along a utility-company increase. That's allowed only for an unrelated third-party provider, on notice, and otherwise no more than once a year (§233(x)).

Other authorities that may apply

Real Property Law §233 governs utility service, charges, and increases. The New York Public Service Commission regulates jurisdictional utilities and their rates, and the written lease sets the billing terms. The New York Attorney General enforces §233, and federal law can apply in particular situations.