N.Y. Real Property Actions and Proceedings Law 792 – Grounds for the proceeding
§ 792. Grounds for the proceeding. A manufactured home park owner or operator of such manufactured home park may commence a special proceeding to obtain an order of the court granting a declaration that a manufactured home has been abandoned upon proof that:
Terms Used In N.Y. Real Property Actions and Proceedings Law 792
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- manufactured home: means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined in subdivision five of this section, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development. See N.Y. Real Property Actions and Proceedings Law 790
- manufactured home park: means a contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living. See N.Y. Real Property Actions and Proceedings Law 790
- manufactured home resident: means one who rents space in a manufactured home park from a manufactured home park owner or operator for the purpose of locating his or her manufactured home or one who rents a manufactured home in a manufactured home park from a manufactured home park owner or operator. See N.Y. Real Property Actions and Proceedings Law 790
- Personal property: All property that is not real property.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
1. The manufactured home has been vacant for a period of not less than one hundred eighty days without notice to the manufactured home park owner or operator, provided however, that such period shall be ninety days in the event that a warrant of eviction with respect to such manufactured home has been issued;
2. The manufactured home resident has defaulted in the payment of rent for such period;
3. The manufactured home community owner or operator has notified all known holders of liens against such home. Prior to commencing a proceeding pursuant to this article, the manufactured home community owner or operator shall cause a search to be done of:
(a) for homes constructed (i) on or after July first, nineteen hundred ninety-four and designated by the manufacturer as a nineteen hundred ninety-five or later model year, or (ii) on or after January first, nineteen hundred ninety-four, for which the manufacturer did not designate a model year, the title records of the department of motor vehicles, or
(b) for all other homes, filings made under the Uniform Commercial Code, to determine whether there are any lien-holders with an existing interest in the manufactured home; and
4. At least two of the following factors apply:
(a) the manufactured home resident has removed substantially all of the personal property from the home;
(b) utility service to the home has been terminated or disconnected by the utility provider, or the manufactured home resident for at least sixty days;
(c) the home is in a state of substantial disrepair that makes the home uninhabitable; or
(d) other objective evidence of abandonment that the court finds reliable.