5. In any proceeding under this section there shall be an irrebuttable
presumption that a rent increase is justifiable when the amount of such
increase does not exceed the tenant's pro-rata share in operating costs
and property taxes for the manufactured home park in which the
manufactured home owner resides.
6. (a) In determining whether a rent increase is permissible, the
court shall consider the provisions of paragraphs (a), (b) and (c) of
subdivision two of this section. Notwithstanding the above, rent
increases shall not exceed six percent above the rent since the current
rent became effective, except upon the approval of a temporary hardship
application by the court. In addition to the provisions of this
paragraph and paragraphs (b) and (c) of this subdivision the court shall
take into account the following factors when determining whether to
grant a temporary hardship application:
(i) The amount of increase being sought by the park owners;
(ii) The ability of the manufactured home owner to pay such increase
including whether the increase would have an unreasonable adverse impact
on the manufactured home owner;
(iii) The amount of time and notice the manufactured home owner may
need in order to pay a temporary rent increase;
(iv) The duration the park owners intend for the temporary rent
increase to last;
(v) The cause of the hardship the rent increase is being requested to
alleviate, including whether the hardship was due to owner negligence
and malfeasance;
(vi) The ability of the park owners to utilize other means besides a
rent increase to alleviate said hardship;
(vii) The likelihood that the property the manufactured home park is
located on will go into foreclosure if a temporary rent increase above
six percent is not granted;