(iii) (A) The manufactured home park owner or operator shall provide
the manufactured home owner a stipend of up to fifteen thousand dollars
per manufactured home owner, pursuant to a court order. A warrant for
eviction cannot be executed until the stipend has been paid to the
manufactured home owner being evicted.
(B) The court shall calculate the stipend based upon consideration of
the following factors:
(1) The cost of relocation of the manufactured home;
(2) The number of manufactured homes in the same park that would be
receiving a stipend;
(3) The amount the real property is being purchased for;
(4) The value of the real property the manufactured home is located
on;
(5) The value of the development rights attached to real property
parcel the manufactured home is located on; and
(6) Any other factors the court determines are relevant in each case.
(C) In the event the manufactured home owner is not removed and the
eviction proceeding is terminated the manufactured home owner shall
return the stipend to the park owner. The weight to be afforded to each
of the various factors is within the discretion of the trial court.
c. If the manufactured home park owner or operator does not have one
of the above grounds available, the manufactured home tenant may raise
the same by affirmative defense to an action for eviction.
d. The proceedings to evict shall be governed by the procedures set
forth in article seven of the real property actions and proceedings law,
except for the provisions of subdivision two of section seven hundred
forty-nine of the real property actions and proceedings law which shall
be superseded by the provisions of this subdivision.