SECTION 233-B
Manufactured home parks; rent increases
Real Property (RPP) CHAPTER 50, ARTICLE 7
* § 233-b. Manufactured home parks; rent increases. 1. The provisions
of this section shall apply to all manufactured homes located in a
manufactured home park as defined in section two hundred thirty-three of
this article, however manufactured homes located in manufactured home
parks that are subject to a regulatory agreement with a governmental
entity to preserve affordable housing or that otherwise limits rent
increases are exempt from the provisions of this section.
2. Increases in rent shall not exceed a three percent increase above
the rent since the current rent became effective. In this section, rent
shall mean all costs, including all rent, fees, charges, assessments,
and utilities. Notwithstanding the above, a manufactured home park owner
is permitted to increase the rent in excess of three percent above the
rent since the current rent became effective, due to:
(a) Increases in the manufactured home park owner's operating
expenses.
(b) Increases in the manufactured home park owner's property taxes on
such park.
(c) Increases in costs which are directly related to capital
improvements in the park.
3. An increase above three percent may be challenged by an aggrieved
manufactured homeowner as unjustified. Multiple aggrieved manufactured
homeowners may join in the same action where there is a common question
of law and fact.
4. Within ninety days of the proposed increase, an aggrieved
manufactured homeowner may challenge such increase by filing an action
in the court of appropriate subject matter jurisdiction where the real
property is located seeking a declaratory judgment that the rent
increase is unjustifiable.